IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI ON THE 9^th OF OCTOBER, 2025 WRIT PETITION No. 5993 of 2005 SMT.KIRTI NAMDEO Versus THE STATE OF M.P. AND ORS.

Appearance:

Shri Vaibhav Tiwari - Advocate for the petitioner. Shri Pradeep Singh - Govt. Advocate for the State.

Ms. Sharon Agrawal - Advocate for respondent No. 3.

ORDER This petition has been filed by the petitioner imploring the following reliefs:-

"(i) : The Hon'ble Court may kindly be pleased to issue a writ of mandamus commanding the respondent No. 3 to appoint the petitioner on the post of Samvida Shala Shikshika Grade - II in the school, under its control, without any loss of time.

(ii) : The Hon'ble Court may kindly be gratiously pleased to issue a writ of prohibition restraining the respondents from filling all the post of Samvida Shala Shikshika Grade - II in the schools under the control of respondent No. 3, ignoring the claim of petitioner.

(iii) : Any other reliefs which this Hon'ble Court deem fit in the circumstances of the case, may also be granted to the petitioner together within the cost of this writ petition."

2. Briefly stated facts of the case are that the petitioner offered her candidature for being appointed as a Teacher on contract basis under the category of Other Backward Classes (OBC). The petitioner along with other candidates namely Shri Sanjay Kumar Patel and Smt. Vimla Patel offered their candidatures. As by issuance of provisional list contained in annexure P-2, the aforesaid persons namely Shri Sanjay Kumar Patel and Smt. Vimla Patel were declared as ineligible, they preferred a petition before this Court vide W.P. No. 3007 of 2003 in which an interlocutory order was passed by this Court on 25.6.2003 directing respondent No. 3 therein to consider the candidatures of the petitioner therein and his wife and it was also observed that if they were ultimately appointed as Samvida Shala Shikshak Grade- II, their appointments shall be subject to final decision of the said petition. Subsequently, a final selection list was prepared on 8.8.2003 vide Annexure P-5 in which Smt. Vimla Devi was placed at serial number 1, Smt. Anita was placed at serial number 2 and the petitioner was placed at serial number 3. Accordingly, Smt. Vimla Devi and Smt. Anita were selected and the petitioner was placed in the waiting list. In subsequent point of time, W.P. No. 3007 of 2003 came up for consideration before this Court on 28.4.2004 and this Court dismissed the said petition in the light of the provision of Rule 6(6) of the Madhya Pradesh Civil Services (General Condition of Service) Rules, 1961. As a consequence of dismissal of the petition, the services of Shri Sanjay Kumar Patel and Smt. Vimla Patel were dispensed with vide order dated 6.8.2004 (Annexure P-8). Thereafter, an opinion was sought by the Chief Executive Officer, Janpad Panchayat, Bichhiya vide Annexure P-9 to the effect as to whether Smt. Vimla Patel can be engaged as Samvida Shala Shikshak Grade-II or not. Thereafter, two communications were also issued vide Annexure P-10 dated 1.12.2004 and Annexure P-11 dated 16.12.2004. As per communication Annexure P-10, the matter was deferred as the Model Code of Conduct was in force and vide Annexure P-11, instructions were sought to obtain a legal opinion.

3. Learned counsel for the petitioner has contended that it is a case where the petitioner was placed in waiting list on account of the fact that Smt. Vimla Patel was selected and she was placed at serial number 1. The appointment of Smt. Vimla Patel was subject to final outcome of W.P. No. 3007 of 2003, which is evident from the interlocutory order dated 25.6.2003 passed in W.P. No. 3007 of 2003. Once such writ petition was dismissed, there was no impediment to confer the benefit of appointment to the petitioner. It is further contended that though the validity of the waiting list was only 9 months in the present case, however, the fact remains that the appoin