IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

&

HON'BLE SHRI JUSTICE DEEPAK KHOT

th

ON THE 7 OF JANUARY, 2026 WRIT APPEAL No. 1705 of 2024

RAJESH KUMAR DWIVEDI

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Kailash Chandra Ghildiyal, learned Senior Advocate with Shri

Awadhesh Kumar Ahirwar, Advocate for the appellant.

Shri Piyush Jain - Government Advocate for the respondent/State.

ORDER the Teaching Staff, Clerical Staff & Class-IV employees in the services of the School Education Department. Two orders dated 22/3/2002 & 30/3/2002 were issued for taking over the control of the private unaided institutions. The name of respondent No.6/School was also there in the said list. However, the process to take over the control of the institution could not be completed; and later on both the aforesaid orders were cancelled vide order dated 05/06-10-2004 by the government. Writ Petition No.5306/2005 [Rambahadur Singh Bhadauriya Vs. State of MP ] and others matters were filed before this Court challenging the validity of the order dated 06.10.2004. Vide order dated 13.3.2007, all the writ petitions came to be allowed by the Gwalior Bench of this Court with direction to the State Government to complete the process of taking over the management of the schools. In compliance of the order passed by the High Court, the Cabinet decided on 30.6.2014 to take over 44 private unaided schools along with the staff. The School Education Department issued an order dated 05/7/2014 to take over as many as 44 schools alongwith the staff with the section pattern. The name of the respondent No.6/school was at Sr.No.14 of this order. In compliance of the aforesaid order, the District Education Officer, Rewa published a list of Teaching Staff as well as employees who were declared eligible for absorption on the basis of the strength of students from the years 1999 to 2002. The name of the appellant finds place at Sr.No.26 of said list dated 16.12.2019. But, he was declared ineligible due to the non-availability of the appointment order in the service book and on account of the non-mentioning of the appointment order & date in the service book. The petitioner submitted an objection and the necessary documents, including the appointment order and final list, was published on 03.4.2021. The petitioner was found eligible on 23.7.2020 but was again declared ineligible because he had worked as a Guest Faculty in the academic session 2012-13 in the Government Middle School, Pathat, Sankul Government Higher Secondary School, Patehara. Hence, the petitioner filed the writ petition before this Court.

Per: Justice Vivek Rusia

The appellant/petitioner has filed the present writ appeal challenging

the order dated 15.5.2024 whereby Writ Petition No.11909/2021 [Rajesh Kumar Dwivedi Vs. State of MP & others] has been dismissed by the writ

court.

Facts of the case, in short, are as under:-

2. Ram Krishna Higher Secondary School, Keoti, District Rewa, was

an unaided Private School run by the Society. The appellant was appointed as Teacher of Biology on 01.7.2001 in the said school by the then Managing Committee. The State Government took a policy decision to take over the private schools in the School Education Department with an absorption of

3. After notice, the respondent filed a reply to the writ petition admitting that the petitioner was appointed as a Lecturer (Biology) in Ram Krishna Smarak, Higher Secondary School, Keoti, District Rewa vide order dated 01.7.2001. It is further submitted that vide order dated 05.7.2014, a direction was given to the effect that cases of only those teachers would be considered who were working in the same capacity as well. Since the appellant had worked as a Guest Teacher in the academic session 2012-13 in Government Middle School, Pathat, District Rewa i.e. other than the private institution, where he was teaching i.e. Krishna Smarak Higher Secondary School, Keoti, therefore, he was rightly declared