IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 25 OF FEBRUARY, 2026 WRIT PETITION No. 22557 of 2022 RAMAVTAR SINGH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Prashant Sharma - Advocate for the petitioner.

Shri K.K. Prajapati- GA for the respondents/State.

ORDER Petitioner has filed this writ petition seeking following reliefs:-

"i-That the order impugned Annexure P/1 may kindly be quashed. ii- That the respondents be directed to absorb the services of petitioner w.e.f the date of taking over of school.

iii- The cost of the petition may kindly be awarded to the petitioner.

Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case may also kindly be granted."

2. Sans unnecessary details, it is sufficient to note here that alongwith the petitioner, one Shri Brajraj Singh Chauhan was also denied the same benefit, which the petitioner is claiming in the present writ petition. Challenging the same impugned order dated 8/6/2015, said Brajraj Singh Chauhan had filed W.P. No.59/2022. This Court has dealt with the issue in detail and on 7/10/2025, passing the following order, dismissed the petition:-

"1. Invoking Article 226 of Constitution of India, the petitioner has filed this writ petition challenging the order, dated 08.06.2015, (Annexure- P/1) passed by State Govt. whereby his claim for absorption on the post of Lecturer has been declined.

2. The facts giving rise to this litigation are that Shri Hazareshwar Higher Secondary School, Sheopur Kala, District Morena (now in District Sheopur) was a private school run by Shri Hazareshwar Zila Shiksha Prasar Samiti, Sheopur. The school was receiving grant in aid from the State Government. It appears that the petitioner was appointed by the Samiti on the post of Vice-

Principal vide order, dated 26.09.1991, (Annexure-P/3).

3. The decision to take over the school w.e.f.01.07.1995, was taken by State Government vide order, dated 27.06.1995, (Annexure-P/5). As per this order passed by State Government, total 131 posts were sanctioned for the School. Apart from various other conditions regarding absorption of staff, it was also directed that the existing staff shall be absorbed on the available posts based upon the qualification, seniority and the subject, on the basis of recommendation to be made by screening committee. Pursuant to the aforesaid decision, out of total 191 persons stated to be working in erstwhile school, 131 were absorbed on various sanctioned posts. As per the averments made by respondents in their return as also from documents filed as Annexure R/1 to R/3, all the 131 posts were filled up based upon recommendations made by screening committee. The petitioner was not absorbed on the ground that there is no post of Vice Principal available in the staffing pattern sanctioned by the Government.

4. As many as twenty writ petitions were filed before this Court, including W.P. No.7760/2002 filed by the petitioner, challenging the action of respondents in denying benefit of absorption to them.

This Court vide common order, dated 30.07.2005, (Annexure-P/7) allowed the writ petitions on the ground that the constitution of screening committee was wrong and not in accordance with Govt. policy. The entire process was accordingly quashed and the matter was remitted to respondents with direction to constitute valid screening committee and to take decision for absorption afresh.

5. Challenging the order passed by writ court, the State of Madhya Pradesh as also the persons who were already absorbed, filed various writ appeals. One such appeal was subject matter of W.A. No.62 of 2006. While the writ appeals were pending, in compliance with writ court order, screening committee was constituted and fresh consideration was made. This time, the screening committee found only 35 out of total 191 persons, suitable and eligible for absorption. The committee recommendation was placed before the Division Be