IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 5 th OF JULY, 2023 WRIT PETITION No. 11169 of 2023 BETWEEN:-

1. SABNAM KHAN W/O MOHAMMAD AZEEM, AGED ABOUT 42 YEARS, OCCUPATION: UNEMPLOYED R/O COMPANY BAG, OPPOSITE THE MOSQUE, WARD NO. 40, RAGHURAJ NAGAR, SATNA (MADHYA PRADESH)

2. SOOBHI JAIN D/O SHRI RAJKUMAR JAIN, AGED ABOUT 33 YEARS, OCCUPATION: UNEMPLOYED R/O WARD NO.11 KASTOM PATH SIRONJ DISTRICT VIDISHA (MADHYA PRADESH)

3. SULEKHA DOHERE D/O SHRI GYANENDRA KUMAR DOHERE, AGED ABOUT 35 YEARS, OCCUPATION: UNEMPLOYED R/O UNAB ROAD DATIYA (MADHYA PRADESH)

4. NEPAL SINGH BHAYDIYA S/O SHRI ABER SINGH BHAYDIYA, AGED ABOUT 34 YEARS, OCCUPATION: UNEMPLOYED R/O AMBAKHEDI DISTRICT ALIRAJPUR (MADHYA PRADESH)

5. AKASH BHAGAT S/O DEEPAK CHAND BHAGAT, AGED ABOUT 34 YEARS, OCCUPATION: UNEMPLOYED R/O KESHAR BAG COLONY GREEN RATIMALI DISTRICT JHABUA (MADHYA PRADESH)

6. PRINCE GUPTA S/O ARUN KUMAR GUPTA, AGED ABOUT 32 YEARS, OCCUPATION: UNEMPLOYED R/O WARD NO. 5 BYPASS ROAD KANCHANPURA NIWARI DISTRICT TIKAMGARH (MADHYA PRADESH)

7. LALITA JANBANDHU W/O NATHU LAL JANBANDHU, AGED ABOUT 38 YEARS, OCCUPATION: UNEMPLOYED R/O JAMUNIYA KALA BICHHUA DISTRICT CHHINDWARA (MADHYA PRADESH)

8. RITA THAKUR W/O SANJAY THAKUR, AGED ABOUT 44 YEARS, OCCUPATION: UNEMPLOYED R/O SULTAN SADAN SINGHPUR ROAD MANGALAM MART MOROR, DISTRICT GWALIOR (MADHYA PRADESH)

9. MADHU BHASKAR D/O JAIRAM BHASKAR, AGED ABOUT 29 YEARS, OCCUPATION: UNEMPLOYED R/O DOHUR MOHALLA, DISTRICT SEHORE (MADHYA PRADESH)

10. PRATIBHA SHRIVASTAVA W/O SUNIL SHRIVASTAVA, AGED ABOUT 46 YEARS, OCCUPATION: UNEMPLOYED R/O DISTRICT SAGAR (MADHYA PRADESH)

11. KULDEEP PACHORI S/O GULAB SINGH, AGED ABOUT 25 YEARS, OCCUPATION: UNEMPLOYED R/O PREMNAGAR GOURA KHURD PARGATI GALI NO.3 MORENA, DISTRICT MORENA (MADHYA PRADESH)

12. VEENA KHEDE W/O NITIN KHEDE, AGED ABOUT 43 YEARS, OCCUPATION: UNEMPLOYED R/O SHRINAGAR COLONY MANDLESHWAR DISTRICT KHARGONE (MADHYA PRADESH)

13. MAMTA JOSHI W/O NITIN JOSHI, AGED ABOUT 40 YEARS, OCCUPATION: UNEMPLOYED R/O 190 KRISHNA DHAM COLONY DEPALPUR INDORE (MADHYA PRADESH)

14. DHEERAP SINGH S/O GYARGIRAM SINGH, AGED ABOUT 39 YEARS, OCCUPATION: UNEMPLOYED R/O MUSLI NARSINGARH RAJGARH (MADHYA PRADESH)

15. SATENDRA KUMAR AHIRWAR S/O MUKUNDI LAL AHIRWAR, AGED ABOUT 36 YEARS, OCCUPATION: UNEMPLOYED R/O 175 TAKHA MAJRA TIKAMGARH (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANSHUMAN SINGH- ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY , SCHOOL EDUCATION DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE DIRECTOR, DIRECTORATE OF PUBLIC INSTRUCTION GAUTAM NAGAR BHOPAL (MADHYA PRADESH)

3. THE DIRECTOR MADHYA PRDESH EMPLOYEE SELECTION BOARD CHINAR PARK BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (SHRI RAHUL DIWAKAR- ADVOCATE FOR RESPONDENT NO.3 )

……………………………………………………………………………………………

This petition coming on for admission this day, the court passed the following:

ORDER

This Petition under Article 226 of the Constitution of India has been filed seeking the following relief:

“(i) To issue a writ in the nature of certiorari and set aside the impugned result of the petitioners to that extent it declares the petitioners to be disqualified.

(ii) To issue a writ in the nature of mandamus and direct the respondents to declare the petitioners as qualified for the TET – 2023 main selection examination;

(iii) Grant any other relief that this Honourable Court deems fit and just in the facts and circumstances of the case.”

2. It is submitted by the counsel for the petitioner that as per the M.P. School Education Service (Teaching Cadre), Service Conditions and Recruitment Rules, 2018, the aspirants, who desire to participate in the recruitment process for the post of different categories of teacher, are required to undergo an eligibility test. However, it is submitted by the counsel for the petitioners that the Teacher Eligibility Test has nothing to do with the actual recruitment and the basic purpose of the Teacher Eligibility Test is to short lis