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2024 Supreme(Online)(MP) 19327

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE RAVI MALIMATH,

CHIEF JUSTICE

&

HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA

ON THE 29th OF JANUARY, 2024

REVIEW PETITION No. 302 of 2018

BETWEEN:-

RAFIQUE YAAR KHAN S/O AHMED YAAR, AGED ABOUT

67

YEARS, OCCUPATION:

SOCIAL

WORKER

3/1,

AHILYABAI MARG, GALI NO. 4, KOT MOHALLA, UJJAIN

(MADHYA PRADESH)

.....PETITIONER

(BY SHRI SAIYAD ASHIF ALI WARSI - ADVOCATE)

AND

1.

EDUCATION

DEPARTMENT

PRINCIPAL

SECRETARY

VALLABH

BHAWAN,

BHOPAL

(MADHYA PRADESH)

2.

COLLECTOR THE STATE OF MADHYA PRADESH

UJJAIN (MADHYA PRADESH)

3.

COMMISSIONER

THE

STATE

OF

MADHYA

PRADESH DIVISION UJJAIN (MADHYA PRADESH)

4.

DISTRICT EDUCATIONAL OFFICER, THE STATE

OF

MADHYA

PRADESH UJJAIN

(MADHYA

PRADESH)

.....RESPONDENTS

( BY SHRI ANIKET NAIK - DEPUTY ADVOCATE GENERAL)

This petition coming on for admission this day, Hon'ble Shri Justice

Ravi Malimath, Chief Justice passed the following:

Advocates:
Saiyad Ashif Ali Warsi Dad R.N.21-7-98,

ORDER

This petition is filed seeking to review the order dated 22.11.2016 passed in W.P. No. 342 of 2016 (PIL). In terms whereof, the PIL was disposed off by holding that no appropriate directions are called for. The said order was challenged before the Hon'ble Supreme Court in SLP (C) No. 11307 of 2017. By the order dated 13.11.2017 it was noticed that the challenge being raised by the petitioner was neither raised before the High Court nor was it prayed for in the relief clause. Therefore, liberty was granted to permit the petitioner to challenge the same before the High court by way of a review petition. Hence, the instant petition.

2. Considering the plea, we are of the view that so far as the PIL is concerned the same could have been satisfied even by the writ court. However, the learned counsel for the petitioner submits that as and when the writ petition is restored necessary amendment would be incorporated to the said effect.

3. Under these circumstances since the issue pertaining to adequacy of the teachers with ratio of the Urdu teachers is concerned, the same requires to be considered.

4. Hence, for all the aforesaid reasons, the review petition is allowed. The order dated 22.11.2016 passed in W.P. No. 342 of 2016 (PIL) is reviewed and recalled. The Writ Petition No. 342 of 2016 (PIL) is restored to file. (RAVI MALIMATH) (VIJAY KUMAR SHUKLA) CHIEF JUSTICE JUDGE MSP

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