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SANJAY DWIVEDI
Pinky Sharma – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The petitioner, by means of this petition filed under Article 226 of the Constitution of India, is seeking quashing of communication dated 9.8.2024 (Annexure-P/1) whereby she has been denied joining on the ground that she does not have the requisite qualification to be appointed as a Middle School Teacher (English).
2. Learned counsel for the petitioner has submitted that despite the petitioner’s selection vide order dated 30.11.2022 (Annexure-P/7) on the post of Middle School Teacher (English), she is not being allowed to join on the said post saying that she does not have the requisite qualification prescribed on the date of advertisement. It is contended that the petitioner fulfills all the requisite qualification and as such, the reason assigned in the impugned communication dated 9.8.2024 (Annexure-P/1) is improper and contrary to law.
3. On the other hand, learned Government Advocate has submitted that on 18.2.2019, an amendment has come in the respective rules known as Madhya Pradesh Tribes and Scheduled Castes Teaching Cadre (Service and Recruitment) rules, 2018, wherein the requisite qualification for the post of Middle School Teacher (English) has been prescribed wh
Amended eligibility rules cannot be applied retrospectively to disqualify a candidate already appointed under prior criteria.
Changes to eligibility criteria during the selection process are arbitrary and impermissible as per established case law.
The court affirmed that a candidate must possess a relevant Bachelor's degree to qualify for the teaching position, dismissing the petition due to lack of eligibility.
Altering recruitment eligibility criteria after process commencement is impermissible; prior qualifications obtained disallow subsequent lower-level qualifications for appointment eligibility.
Termination of employment without notice or opportunity violates principles of natural justice, necessitating adherence to statutory qualifications over notifications.
The main legal point established in the judgment is that the qualifications required for appointment as a trained Teacher in Secondary School do not necessarily mandate a specific graduation subject,....
Statutory qualifications for public office must be met; equity cannot override legal requirements.
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