ORDER

This writ petition under Article 226 of the Constitution of India is filed by the petitioner being aggrieved of order Annexure P/6 dated 3.4.2021 passed by the Chief Executive Officer, Jila Panchayat, Rewa denying him the benefit of absorption.

Learned counsel for the petitioner submits that the petitioner was appointed as a Lecturer in an Unaided Private School, namely, Ram Krishna Higher Secondary School-Keoti, District Rewa. As per Circular dated

21.3.2002, a decision was taken by the State Government, School Education Department, Bhopal to take certain Non-Governmental Institutions within its fold and accordingly certain schools had applied for such taking over and the persons were to be absorbed as per qualification given therein. Learned counsel for the petitioner submtis that the aforesaid scheme was withdrawn and it was reintroduced on 5.7.2014 vide Annexure P/4. Annexure P/4 is an order passed in terms of the decision in Writ Petition No.5306/2005 (Rambahadur Singh Bhadauriya versus State of Madhya Pradesh) wherein Gwalior Bench of this Hon'ble High Court vide order dated 13.3.2007 had quashed the order of the Department cancelling the decision of taking administrative control of Unaided Private Schools. The petitioner being eligible for absorption has been denied the benefit of absorption in an arbitrary & illegal manner. Learned counsel for the petitioner points out that in Annexure P/6, which is an order passed by the Chief Executive Officer, Jila Panchayat, Rewa on

3.4.2021, the name of the petitioner appears at Serial No.29 and it is mentioned that the petitioner had though produced a photocopy of the appointment order alongwith his representation but one Shri Pankaj Das Tiwari R/o.Ward No.15 of Ratahara, District Rewa had made a complaint on 27.6.2020 enclosing information obtained by him under the Right to Information Act, to show that the petitioner had worked as a Guest Faculty in Government Poorv Madhyamik Vidyalaya-Pathat Sankul Shaskiya Uchachatar Madhyamik Vidyalaya Patera in the academic session 2012-2013. On the aforesaid ground, the case of the petitioner for absorption has been cancelled. Learned counsel for the petitioner submits that neither there is any order of termination nor severing the contractual relationship between the petitioner and the private school and, therefore, merely the petitioner had worked in a Government School as a Guest Faculty, is not sufficient to deny him the benefit of absorption. The respondents should have considered and decided his representation as contained in Annexure P/7 in the right earnest. Learned Panel Lawyer for the State submits that the Policy Annexure P/2, which was revived in 2014, clearly provides that the schools, which were to be taken over by the local body, were to be governed by the provisions as contained in the Madhya Pradesh Panchayat Samvida Shala Shikshak (Niyukti Evam Sewa Shartein) Niyam, 2001 and the Madhya Pradesh Nagar Palika Samvida Shala Shikshak (Niyukti Evam Sewa Shartein) Niyam, 2001. In order dated 21.3.2002, it is provided that those Non-Governmental Institutions, which are desirous of being taken over by the Urban Body/Jila Panchayat, shall submit a proposal to the Government. The Government through the Public Instructions, Directorate shall examine the proposal on the basis of the proposed parameters. Thereafter, on being found fit, such Institutions will be formally taken over by the local body as the case may be. It is provided in Paragraph No.3 of the said order that on the basis of the number of students in last three years, average will be drawn and departmental set up will be fixed. Thereafter, necessary budget will be provided to the concerned local body and taken over private schools will be under the management and direction of the concerned local body. Hence, the number of posts are required to be determined and on the basis of the seniority persons are required to be given absorption. In the present