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IN THE HIGH COURT OF MADHYA PRADESH
Sanjay Dwivedi, J.
Pinky Sharma (Smt.) v. State of M. P.
Writ Petition No. 28919 of 2024 (J); Decided on 9.4.2025
Appointment -- petitioner a Graduate with English subject, obtaining 50% marks -- selected on post of middle school teacher -- joining denied on ground of not having requisite qualification prescribed on date of advertisement -- assigned reason itself contrary to prescribed qualification -- impugned communication set aside -- respondents directed to allow petitioner to join post -- petitioner also entitled to seniority from date of first submission of joining with all consequential benefits. [Paras 4 & 5]
fu;qfä & ;kfpuh 50 Áfr'kr vad vfÒçkIr dj vaxzsth fo"k; d¢ lkFk Lukrd & ekè;fed fo|ky; f'k{kd d¢ in ij p;fur & foKkiu d¢ fnukad d¨ fofgr visf{kr vgZrk ugÈ g¨us d¢ vkèkkj ij in xzg.k ugha djus fn;k x;k & fn;k x;k dkj.k Lo;a gh fofgr vgZrk d¢ çfrdwy & vkf{kIr lalwpuk vikLr & ;kfpuh d¨ inxzg.k djus nsus dk çR;FkÊx.k d¨ funs'k & ;kfpuh inxzg.k d¢ çFke fuosnu d¢ fnukad ls leLr ikfj.kkfed Qk;n¨a lfgr T;s"Brk dh Òh gdnkjA ¼iSjk 4 ,oa 5½
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 which reads as under:-
| S. No. | Name of Posts | Minimum Age Limit | Maximum Age Limit | Education Qualification | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 2. | Madhyamik Shikshak | 21 Years | -do- | Bachelor’s degree in the relevant subject and 2 year diploma in Elementary Education or its equivalent or Bachelor’s degree in the relevant subject with at least 50% marks and one year Bachelor in Education (B.Ed.) or its equivalent with at least 50% marks and 4 year Bachelor in Elementary Education (B.El.Ed.) OR Higher Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Education (Special Education) OR Graduation and 2 year Diploma in Elementary Education or its equivalent. 2. Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to reserved categories such as Scheduled Castes, Scheduled Tribes, other Backward Classes and persons with disabilites. | 1. Passed Teacher Eligibility Examination with the percentage with prescribed in sub-rule (4) of rule 11. 2. The minimum qualification for Madhyamik Shikshak (Sanskrit) of Sanskrit School shall be Shastri Degree in second division. |
4. Considering the submissions advanced by learned counsel for the parties and on perusal of record especially the petitioner’s mark-sheet of graduation wherein English was one of the subjects and she obtained more than 50% marks, I find that the letter dated 9.8.2024 (Annexure-P/1) not allowing the petitioner to join on the post of Middle School Teacher (English) is improper. In my opinion, the reason assigned in the letter dated 9.8.2024 itself is contrary to the prescribed qualification. Since the petitioner does have prescribed qualification as she cleared graduation with English subject that too with more than 50%, therefore, as per the requisite qualification prescribed by way of amendment made in the rules, 2018, she is fit to be appointed on the post of Middle School Teacher (English).
5. Thus, the impugned communication dated 9.8.2024 (Annexure-P/1) is hereby set aside. Accordingly, the respondents are directed to allow the petitioner to join on the post of Middle School Teacher (English) in pursuance of her result declared on 30.11.2022. In addition, the petitioner shall also be provided seniority from the date when she first submitted her joining with all consequential benefits accordingly.
6. The petition is accordingly allowed and disposed of.
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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