IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA th ON THE 5 OF JULY, 2023 WRIT PETITION No. 29916 of 2022 BETWEEN:-

BAPULAL DANGI S/O HAJARILAL DANGI, AGED ABOUT 43 YEARS, 1. OCCUPATION: UNEMPLOYED GRAM KASHIKHEDI TAHSIL JEERAPUR, DISTRICT RAJGARH (MADHYA PRADESH)

DEVNARAYAN DANGI S/O JAGANNATH DANGI, AGED ABOUT 56

2. YEARS, OCCUPATION: UNEMPLOYED VILLAGE JAMUNIYA TEHSIL KHILCHIPUR DISTRICT RAJGARH (MADHYA PRADESH)

PHOOLSINGH DANGI S/O RAI SINGH DANGI, AGED ABOUT 52 YEARS, 3. OCCUPATION: UNEMPLOYED VILLAGE DHUNDHAHEDI TEHSIL KHILCHIPUR DISTRICT RAJGARH (MADHYA PRADESH)

NANURAM S/O MADANLAL NAGAR, AGED ABOUT 54 YEARS, 4. OCCUPATION: UNEMPLOYED KHILCHIPUR DISTRICT RAJGARH (MADHYA PRADESH)

.....PETITIONER (BY SHRI NITIN SINGH BHATI ON BEHALF OF SHRI ABHISHEK JAIN, ADVOCATE)

AND THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY

1.

VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

MADHYA PRADESH RAJYA SHIKSHA KENDRA RAJIV GANDHI

2. SHIKSHA MISSION THROUGH ITS COMMISSIONER BHOPAL (MADHYA PRADESH)

3. COLLECTOR RAJGARH (MADHYA PRADESH)

4. DISTRICT PROJECT COORDINATOR DISTRICT EDUCATION RAJGARH (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)

WRIT PETITION No. 356 of 2023 BETWEEN:-

SATYNARAYAN PUSHPAD S/O HAJARILAL PUSHPAD OCCUPATION: UNEMPLOYED HIRANKHEDA, POST KALIPEETH TEHSIL AND DISTRICT RAJGARH (MADHYA PRADESH)

.....PETITIONER (BY SHRI NITIN SINGH BHATI ON BEHALF OF SHRI ABHISHEK JAIN, ADVOCATE)

AND THE STATE OF MADHYA PRADESH SCHOOL EDUCATION

1. DEPARTMENT THROUGH PRINCIPAL SECRETARY VALLABH BHAWAN, DISTRICT BHOPAL. (MADHYA PRADESH)

MADHYA PRADESH RAJYA SHIKSHA KENDRA RAJIV GANDHI

2. SHIKSHA MISSION THROUGH COMMISSIONER ARERA HILLS BHOPAL (MADHYA PRADESH)

3. COLLECTOR DISTT. RAJGARH (MADHYA PRADESH)

DISTRICT PROJECT COORDINATOR DISTRICT EDUCATION

4.

RAJGARH (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI TARUN KUSHWAH, GOVERNMENT ADVOCATE)

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These petitions coming on for hearing this day, the court passed the following:

O R D E R Regard being had to the similitude in the controversy involved in the present cases, with the joint request of the parties, these matters are finally heard and being decided by this common order.

The petitioners before this Court are claiming appointment to the post of Samvida Shala Shikshak, Grade – III by virtue of qualifying Eligibility Examination, 2008 conducted by the M.P.

Professional Examination Board.

02. According to the petitioners, once they have been declared qualified, they have right to get an appointment. Some identically placed persons approached this Court by way of filing several writ petitions and the same were allowed against which, Writ Appeal, SLP were dismissed, therefore, these petitioners are claiming parity with them. According to the petitioner, though there is a delay in approaching this Court, but they tried to explain the same in paragraph – 4 of the writ petition.

03. Learned counsel for the petitioner has produced copy of common order dated 09.09.2022 passed in Writ Appeal No.1821 of 2018 (The State of Madhya Pradesh & Others v/s Ramdeen Dhakad & Others) and other connected writ appeals by the Division Bench of this Court, whereby the writ appeals filed by the State have been dismissed affirming the orders passed by the Writ Court.

04. In the said writ petitions, the petitioners approached this Court way back in the year 2010 and their writ petitions were allowed. Thereafter, the State Government preferred writ appeals in the year 2018, which came to be dismissed recently. Those petitioners were vigilant about their rights and they approached the Court will within time, but for the delay in deciding the matter, they cannot be held responsible. In the present cases, these petitioners were sleeping over their right and approached this Court to take the fruits of judgment passed in the case of aspirants who were vigilant about their right and approached this Court well