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2018 Supreme(MP) 455
IN THE HIGH COURT OF MADHYA PRADESH, JABALPUR
HEMANT GUPTA, CJ, VIJAY KUMAR SHUKLA, JJ.
Saurabh Singh Baghel & Others - Petitioners
Versus
State of Madhya Pradesh & Others - Respondents
Writ Petition Nos. 18935, 1214 of 2018, Writ Appeal No. 1266 CONC No. 2625 of 2017 With WP 10929, 13520, 14818, 15383, 15427, 15507, 16749, 17387, 17613, 19733, 22157, 23206, 23420 of 2017, 02275, 09695, 12813, 14519, 16277, 16930, 17046, 17157, 17193, 17223, 17244, 17288, 17296, 17304, 17345, 17353, 17376, 17397, 17414, 17419, 17458, 17463, 17497, 17509, 17513, 17516, 17554, 17557, 17564, 17573, 17581, 17589, 17594, 17617, 17621, 17655, 17660, 17677, 17678, 17701, 17713, 17737, 17744, 17754, 17783, 17791, 17796, 17804, 17808, 17826, 17837, 17845, 17846, 17973, 17974, 17978, 17984, 17989, 17992, 18008, 18033, 18039, 18050, 18055, 18077, 18086, 18096, 18115, 18133, 18138, 18139, 18165, 18177, 18185, 18187, 18207, 18278, 18285, 18312, 18322, 18352, 18359, 18383, 18386, 18423, 18429, 18475, 18513, 18520, 18533, 18548, 18553, 18583, 18585, 18590, 18599, 18602, 18604, 18613, 18625, 18638, 18643, 18645, 18653, 18656, 18672, 18676, 18694, 18698, 18701, 18707, 18709, 18713, 18715, 18716, 18724, 18725, 18728, 18738, 18742, 18745, 18746, 18748, 18751, 18754, 18760, 18761, 18762, 18763, 18764, 18772, 18774, 18782, 18784, 18786, 18789, 18793, 18794, 18804, 18806, 18810, 18811, 18813, 18815, 18823, 18825, 18831, 18833, 18835, 18839, 18843, 18847, 18850, 18852, 18853, 18854, 18857, 18859, 18863, 18864, 18865, 18868, 18869, 18870, 18873, 18874, 18876, 18878, 18880, 18881, 18882, 18887, 18893, 18895, 18898, 18903, 18907, 18910, 18919, 18936, 18939, 18940, 18941, 18942, 18943, 18944, 18945, 18946, 18949, 18952, 18953, 18954, 18955, 18962, 18963, 18965, 18967, 18975, 18982, 18984, 18985, 19008, 19013, 19015, 19021, 19022, 19024, 19028, 19033, 19036, 19039, 19045, 19052, 19058, 19061, 19065, 19069, 19074, 19076, 19077, 19083, 19084, 19085, 19088, 19089, 19090, 19095, 19096, 19097, 19098, 19103, 19104, 19109, 19110, 19115, 19117, 19120, 19124, 19136, 19137, 19139, 19140, 19141, 19142, 19143, 19144, 19146, 19148, 19151, 19152, 19153, 19167, 19170, 19171, 19173, 19175, 19177, 19183, 19187, 19196, 19199, 19201, 19222, 19229, 19231, 19232, 19248, 19249, 19250, 19252, 19255, 19259, 19263, 19265, 19269, 19276, 19289, 19290, 19304, 19311, 19315, 19317, 19318, 19323, 19324, 19331, 19343, 19353, 19360, 19361, 19367, 19369, 19370, 19371, 19379, 19382, 19393, 19396, 19400, 19403, 19406, 19411, 19412, 19413, 19423, 19426, 19428, 19433, 19435, 19441, 19444, 19453, 19455, 19462, 19463, 19466, 19469, 19476, 19478, 19481, 19488, 19489, 19503, 19510, 19516, 19523, 19527, 19530, 19534, 19535, 19538, 19542, 19547, 19555, 19559, 19560, 19561, 19562, 19573, 19577, 19578, 19579, 19581, 19589, 19594, 19595, 19598, 19607, 19609, 19611, 19612, 19613, 19614, 19615, 19617, 19618, 19619, 19620, 19625, 19629, 19637, 19645, 19647, 19649, 19653, 19659, 19660, 19665, 19666, 19668, 19669, 19670, 19672, 19673, 19674, 19678, 19679, 19689, 19697, 19700, 19702, 19705, 19714, 19731, 19732, 19738, 19741, 19745, 19748, 19752, 19755, 19759, 19766, 19768, 19774, 19775, 19778, 19788, 19795, 19799, 19800, 19804, 19805, 19814, 19826, 19838, 19839, 19844, 19853, 19854, 19856, 19860, 19866, 19869, 19870, 19875, 19877, 19882, 19887, 19890, 19896, 19898, 19899, 19904, 19905, 19908, 19909, 19911, 19913, 19914, 19915, 19918, 19921, 19922, 19925, 19928, 19930, 19931, 19935, 19936, 19939, 19940, 19953, 19956, 19957, 19958, 19961, 19963, 19969, 19973, 19975, 19981, 19982, 19991, 19994, 19997, 20005, 20009, 20014, 20018, 20021, 20022, 20024, 20025, 20026, 20028, 20029, 20036, 20039, 20040, 20044, 20048, 20050, 20052, 20058, 20060, 20063, 20066, 20067, 20070, 20071, 20072, 20073, 20074, 20075, 20077, 20078, 20085, 20088, 20091, 20092, 20099, 20102, 20110, 20113, 20114, 20145, 20158, 20161, 20163, 20166, 20167, 20169, 20206, 20210, 20212, 20219, 20223, 20224, 20231, 20232, 20239, 20240, 20250, 20251, 20257, 20264, 20266, 20280, 20282, 20283, 20284, 20295, 20299, 20325, 20330, 20331, 20337, 20340, 20341, 20342, 20343, 20346, 20347, 20349, 20350, 20353, 20354, 20355, 20372, 20390, 20391, 20392, 20405, 20415, 20421, 20424, 20437, 20439, 20443, 20445, 20460, 20462, 20465, 20474, 20482, 20492, 20493, 20494, 20495, 20497, 20502, 20503, 20504, 20530, 20532, 20533, 20540, 20559, 20564, 20565, 20573, 20576, 20581, 20588, 20593, 20595, 20603, 20607, 20613, 20617, 20619, 20627, 20628, 20630, 20631, 20633, 20639, 20655, 20657, 20660, 20666, 20667, 20668, 20673, 20678, 20683, 20693, 20695, 20704, 20710, 20712, 20717, 20727, 20731, 20736, 20743, 20744, 20745, 20746, 20747, 20764, 20771, 20776, 20781, 20782, 20786, 20791, 20794, 20796, 20798, 20799, 20803, 20804, 20808, 20864, 20866, 20869, 20870, 20874, 20885, 20889, 20893, 20904, 20915, 20917, 20922, 20927, 20931, 20941, 20946, 20950, 20963, 20979, 21005, 21007, 21026, 21048, 21068, 21076, 21098, 21100, 21106, 21114, 21123, 21126, 21137, 21160, 21170, 21171, 21178, 21180, 21186, 21187, 21221, 21225, 21226, 21229, 21231, 21236, 21246, 21254, 21276, 21278, 21291, 21297, 21303, 21315, 21319, 21326, 21329, 21330, 21331, 21345, 21348, 21374, 21382, 21384, 21385, 21390, 21401, 21419, 21424, 21430, 21443, 21465, 21472, 21479, 21481, 21482, 21484, 21489, 21506, 21510, 21519, 21527, 21529, 21536, 21541, 21542, 21543, 21553, 21555, 21557, 21567, 21571, 21574, 21595, 21597, 21610, 21612, 21613, 21618, 21627, 21632, 21634, 21635, 21636, 21638, 21648, 21672, 21694, 21701, 21709, 21736, 21737, 21741, 21748, 21756, 21758, 21767, 21793, 21795, 21799, 21800, 21809, 21812, 21818, 21845, 21847, 21860, 21864, 21868, 21875, 21880, 21901, 21905, 21917, 21927, 21938, 21957, 21982, 22001, 22007, 22018, 22023, 22025, 22032, 22033, 22038, 22041, 22055, 22063, 22065, 22066, 22067, 22068, 22069, 22070, 22071, 22072, 22075, 22076, 22116, 22121, 22134, 22155, 22173, 22262, 22267, 22270, 22293, 22323, 22329, 22343, 22361, 22364, 22365, 22484, 22515, 22545, 22553, 22555, 22564, 22682, 22699, 22707, 22741, 22742, 22775, 22802, 22808, 22861, 22880, 22909, 22937, 22946, 22998, 23019, 23028, 23036, 23048, 23066, 23081, 23160, 23176, 23181, 23354, 23367, 23368, 23373, 23457, 23471, 23472, 23512, 23591, 16401, 20007, 20930, 22391, 19451, 19458, 19685, 19704, 19706, 19916, 19924, 20795, 18808, 19960, 19638, 20519, 19352, 19219, 19181, 19794, 19495, 20419, 18175, 18866, 17763, 21637, 21107, 22558, 21895 and 21834 of 2018
Decided on : 11-10-2018
For the Petitioner:Shri Brindavan Tiwari, Shri Shiv Kumar Dubey, Shri Satya Prakash Mishra, Shri Wakeel Khan, Shri Vijay Shukla, Shri Satyendra Jyotshi, Shri Rohtash Babu Patel, Shri Chandrika Prasad Dwivedi, Shri Vijay Chandra Rai, Shri Sachindra Kumar Raghuwanshi, Ms.Gulab Kali Patel, Shri Vishnu Chandra Dwivedi, Shri Shankar Dayal Mishra, Shri Mahabir Prasad Shukla, Shri Nitya Nand Mishra, Shri Rajesh Prasad Dubey, Shri Ravindra Pratap Singh, Shri Rakesh Dwivedi, Shri Sachin Pandey, Shri Vidya Prasad, Shri Sushil Kumar Mishra, Shri Shiv Kumar Shrivastava, Shri U.K.Tripathi, Shri Anoop K. Saxena, Shri Raj Kumar Tripathi, Shri Akhilesh Kumar Shukla, Shri Satya Prakash Mishra, Shri Arubendra S.Parihar, Smt. Sushma Pandey, Shri Ajay Mishra, Shri T.P.Chaturvedi, Shri Amilesh Chaturvedi, Shri Prabhat K. Shukla, Shri Akhilesh K. Jain, Shri Neeraj Jain, Shri Kamlesh Kumar Dwivedi, Shri Ashok Singh, Shri Swapnil Ganguly, Shri O.P. Tripathi, Shri Ajay K. Shukla with Shri R.K.Rao, Shri Satish Dixit, Shri Ravi M.K.Vyas, Shri Amit Mishra, Shri Karan Singh Thakur, Shri R.P.Singh, Shri U.S. Jaiswal, Shri Vinod K. Dubey, Shri Shiv Kumar Raghuwanshi, Shri Shakti Kumar Soni, Shri Manoj Mishra, Shri R.N.Vishwakarma, Shri Rajneesh Gupta, Smt. Ranno Rajak, Shri A.K. Mishra, Shri Gopal Singh Baghel, Shri V.D.S. Chauhan, Shri Mohan K. Shukla, Shri Dharmendra Rajput, Shri Amit Kumar Chaturvedi, Shri M.K. Jaiswal, Shri D.K. Khare, Shri Parag Tiwari, Shri Manoj Kumar Rajak, Shri Rajesh Dubey, Shri S.K.Dubey, Shri Krishan Kumar Dwivedi, Shri Rajesh Kumar Pandey, Shri D.K. Katare, Shri Anuj Mohan Gupta, Shri Shyam Sharma, Shri Suresh Agrawal, Shri Ashok Jain, Shri R.B.S. Tomar, Shri T.C. Bansal, Shri Rajnish Sharma, Shri J.P. Mishra, Shri D.S. Raghuwanshi, Shri Sanjay K. Sharma, Shri Amit Kumar Singh, Shri P. Parikh, Shri Brajesh Mishra proxy counsel for Shri Ravi Choudhary, Shri Ved Prakash Tiwari and Smt. Smita Arora, Advocates
For the Respondent:Shri Purushaindra Kaurav, Advocate General with Shri Girish Kekare and Shri Amit Seth, Government Advocates
The main legal point established in the judgment is the need for a transparent and merit-based selection process for engaging Guest Teachers, balancing the rights of the teachers with the students' right to quality education, and the State's responsibility to ensure the appointment of meritorious teachers through a transparent system.
Headnote:
Guest Teachers - School Education Circular - Madhya Pradesh School Education Service (Teaching Cadre), Service Conditions and Recruitment Rules, 2018 - 2, 8, 11 - The court discussed the grievances of the petitioners who were working as Guest Teachers in Government Schools and challenged the circular that replaced them with another set of Guest Teachers. The court referred to the Madhya Pradesh School Education Service Rules and highlighted the definitions of 'Guest Teacher', conditions of eligibility for direct recruitment, and the procedure of selection and appointment through direct recruitment. The court emphasized the transparency and merit-based selection process for engaging Guest Teachers and balanced the rights of the teachers with the students' right to quality education.
Fact of the Case:
The petitioners, working as Guest Teachers in Government Schools, challenged a circular that replaced them with another set of Guest Teachers. They argued that they were not being permitted to work in the schools in which they were initially engaged without assigning any reason. The respondents pointed out the transparent and merit-based online registration and selection process for engaging Guest Teachers.
Finding of the Court:
The court found that the replacement of Guest Teachers with another set of Guest Teachers was neither proper nor justified. It emphasized the need to balance the rights of the teachers with the students' right to quality education and upheld the transparent and non-discriminatory criteria framed by the State Government for engaging Guest Teachers.
Issues: The issues revolved around the rights of the petitioners to continue working as Guest Teachers, the transparency and merit-based selection process for engaging Guest Teachers, and the balance between the rights of the teachers and the students' right to quality education.
Ratio Decidendi: The court held that the replacement of Guest Teachers with another set of Guest Teachers was not justified, and emphasized the need for a transparent and merit-based selection process for engaging Guest Teachers. It also highlighted the responsibility of the State to ensure the appointment of meritorious teachers through a transparent system.
Final Decision: The court disposed of the writ petitions and directed the State Government to frame a policy for filling the posts of Teachers in a phased manner, to be completed in five years after framing the policy. It also directed the filling of vacancies of Guest Teachers based on the merit list and invited fresh options from registered candidates if the merit list was exhausted.
HEMANT GUPTA, CJ.
1. This order will dispose of all the aforesaid writ petitions wherein challenge is to the Circular No. F 44-13/2017/20-2 dated 07.07.2018 issued by the School Education Department, Government of Madhya Pradesh, wherein, a scheme of engaging Guest Teachers in Government Schools was circulated.
2. Along with the writ petitions, Writ Appeal No.1214/2018 (Vinita & others v. State of M.P. and others) directed against an order dated 10.08.2018 passed by the learned Single Judge of Indore Bench of this Court in W.P. No.18079/2018 and Writ Appeal No.1266/2018 (Miss Gunjan Jaiswal and others v. State of M.P. and others), which is directed against an order dated 10.08.2018 passed by the learned Single Judge of Gwalior Bench of this Court in W.P. No.17289/2018, are also being taken up. In the said two writ petitions also the challenge made by the writ-petitioners to the said circular remained unsuccessful. Whereas, CONC No.2625/2017 (Vandana Tiwari and others v. Virendra Kumar Pandey and others) has been filed alleging non-compliance of an interim order dated 01.11.2017 passed by the learned Single Bench in W.P. No.16749/2017, which writ petition has also been heard along with the present sets of cases.
3. Since common questions of fact and law are involved, all these cases were heard analogously and are being decided by this common order. However, for facility of reference, the facts are taken from Writ Petition No.18935/2018 (Saurabh Singh Baghel and others v. State of M.P. and others).
4. The grievance of the petitioners is that the petitioners are working as Guest Teachers in Government Schools but under the shifting policy circulated on 07.07.2018, such Guest Teachers are being replaced by another set of Guest Teachers. Learned counsel for the petitioners have placed reliance upon the Supreme Court judgments reported as (1985) 4 SCC 43 (Rattan Lal and others etc. etc. v. State of Haryana and others); (1992) 4 SCC 118 (State of Haryana and others v. Piara Singh and others); (2007) 13 SCC 292 (Hargurupratap Singh v. State of Punjab and others) and (2017) 1 SCC 148 (State of Punjab and others v. Jagjit Singh and others). Reference was also made to Madhya Pradesh School Education Service (Teaching Cadre), Service Conditions and Recruitment Rules, 2018 (for short “the Rules”) framed under proviso to Article 309 of the Constitution of India published in M.P. Gazette (Extraordinary) on 30.07.2018, which has come into force from 01.07.2018.
5. The petitioners assert that they were appointed in the respective Government Schools as Samvida Shala Shikshak Grade-I/II or III after due selection process but, now the petitioners are not being permitted to work in the schools in which they were engaged in the previous year(s) without assigning any reason. It is further contended that there is no online process for engaging Guest Teachers in the Primary Schools, which is based upon offline system.
6. Rule 2(k) of the said Rules defines “Guest Teacher” to mean a person engaged for the purpose of teaching in Government Schools against vacant posts on temporary basis on honorarium. Rule 8(1)(g) grants age relaxation of nine years to those Guest Teachers, who have worked for minimum 200 days and minimum three educational sessions. In terms of Rule 11, 25% of vacancies are reserved for Guest Teachers who have worked in Government School for minimum three educational sessions and not less than 200 days. The relevant clauses from the said Rules read as under:-
“2. Definitions.- In these rules, unless the context otherwise requires,-
(k) “Guest Teacher” means a person engaged for the purpose of teaching in Government schools against vacant posts on a temporary basis on a honorarium;
*** *** ***
8. Conditions of eligibility for direct recruitment.—In order to be eligible for participating in the Teacher Eligibility Examination, a candidate must fulfill the following conditions, namely:-
(1) Age-*** ***
(g) The candidates who have worked as Gues
