Madhya Pradesh High Court
Yogesh Katare vs The State Of Madhya Pradesh on 1 July, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 1st OF JULY, 2022
WRIT PETITION No. 12924 of 2022
Between:-
YOGESH KATARE S/O SHRI NANDKISHORE
KATARE, AGED ABOUT 41 YEARS,
OCCUPATION: WORKING AS HIGH SCHOOL
TEACHER H.S.S. EXCELLENCE HARDA,
DISTRICT HARDA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RAJESH PRASAD DUBEY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
THROUGH THE PRINCIPAL SECRETARY
SCHOOL EDUCATION DEPARTMENT
1.
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
THE COMMISSIONER PUBLIC
INSTRUCTIONS, GAUTAM NAGAR, BHOPAL
2.
(MADHYA PRADESH)
DISTRICT EDUCATION OFFICER, HARDA
3.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL ALONG WITH
SHRI SANJAY MALVIYA - PANEL LAWYER)
-----------------------------------------------------------------------------------------------
This petition coming on for admission this day, the court passed
the following:
2
ORDER
The present petition has been filed challenging the order dated 26.05.2022 whereby, the petitioner has been directed to be transferred from Government Higher Secondary School Excellence-Harda to Government Higher Secondary School Excellence-Khirkiya, District- Harda in arbitrary and illegal manner contrary to the advertisement dated 25.08.2021.
It is pointed out that an advertisement was issued by the respondents on 25.08.2021 wherein, a scheme was introduced by the State Government with respect to CM RISE School. Under the aforesaid scheme 255 Government Schools were developed and the faculties were to be appointed through limited departmental selection process on merit basis. Applications were invited and the deadline for submission of applications was 10.09.2021 and in terms of Clause 5 and Clause 6, the tenure in CM RISE School would be for five years. The teachers participating in the selection would be extended the choice of filling of posting.
The petitioner participated in the process and has opted for Harda. On 07.01.2022 a letter was issued to the District Education Officers to take option for the posting from the candidates who were declared successful in the process. Again on 28.04.2022, the District Education Officer was directed to take option for posting from the candidates who were declared successful and the deadline for 3 submitting the option was fixed to be as 01.05.2021. It is argued that since the petitioner has already opted for Harda on earlier occasion he has not submitted any option. The date for submission of option was again extended upto 05.05.2022 and it was decided that in case of non submission of option it would be presumed that the candidates is not willing to work under CM RISE School. Thereafter, the order impugned dated 26.05.2022 has been passed whereby, the petitioner has been directed to be posted from Higher Secondary School Excellence-Harda to Higher Secondary School Excellence - Khirkiya, District - Harda, the same is highly illegal and arbitrary. It is pointed out that in similar set of circumstances, a co-ordinate Bench of this Court has granted interim relief to the petitioners, one such being the case W.P. No.12654 of 2022 dated 06.06.2022.
At this stage, counsel appearing for the respondents/State has brought to the notice of this Court an order dated 08.06.2022 passed by the Additional Director Public Instructions, Bhopal with respect to posting of the successful candidates in CM RISE School which reads as under :-
lh- ,e- jkbt fo|ky;ksa esa fofHkUu 'kSf{kd laoxksZa ds inLFkkiuk vkns'k foHkkx }kjk 24 ls 28 ebZ ds eè; tkjh fd, x, gSA foHkkx }kjk tkjh fofHkUu 'kSf{kd loxksZa ds dqy 4322 yksdlsodksa ds vkns'k tkjh fd, x, gSa] ftlesa ls vHkh rd 3620 ¼84 çfr'kr½ ds }kjk dk;ZHkkj xzg.k djus dh lwpuk lapkyuky; esa çkIr gqbZ gSaA mä vkns'k ds fo:) lapkyuky; dks vHkh rd yxHkx 200 yksdlsodksa }kjk inLFkkiuk vkns'k ds fo:) vH;kosnu çLrqr fd, x, gSaA vr% çkIr vH;kosnuksa dk vafre :i ls fujkdj.k gksus rd lacafèkrksa dks dk;Zeqä ugha fd;k tk,A ;fn fdlh dks dk;Zeqä dj fn;k x;k gks rFkk 4 muds }kjk uohu inLFkkiuk LFky ij dk;ZHkkj xzg.k u fd;k gks rks mUgsa iwoZ inLFkkiuk LFky ij vkxkeh vkns'k rd ds fy, iqu% Tokbu djk,aA It is argued by the Government counsel that as there are several representations being received for consideration of cases of postings, the decision has been taken by the authorities to consider their representations and if the teachers have not joined at the transferred place of posting then they will be permitted to continue on their present place of posting. It is argued that on passing of the aforesaid order by the Government virtually no cause of action arises to the petitioner as on date and as the Government has given an assurance that they will consider all the grievances which have been raised by the teachers like the petitioner and will pass a speaking order on the same. He fairly submits that the petitioner will be permitted to continue at the present place of posting if he has not joined at his transferred place till the representation has been decided.
Counsel appearing for the petitioner submits that petitioner might have been relieved ex-parte but he has not joined at the transferred place of posting.
Considering the overall facts and circumstances of the case and the subsequent development i.e. notice dated 08.06.2022 whereby the decision has been taken by the Government to consider the representations and till the decision has been taken on the representations, the teachers like petitioner is permitted to continue at 5 the present place of posting, if he is not joined at the transferred place, no further cause of action survives.
Let the authorities take a final decision in the matter with respect to the posting of the petitioner. It is expected that while dealing with the representation of the petitioner, the respondents will afford an opportunity of hearing to the petitioner and thereafter, pass a self contained speaking order and communicate the outcome to the petitioner.
Till the decision is taken by the Government, the respondents are directed to permit the petitioner to continue at the present place of posting i.e. Government Higher Secondary School Excellence Harda (M.P.).
Petition is accordingly disposed of.
(VISHAL MISHRA) JUDGE Sha Digitally signed by SHALINI LANDGE Date: 2022.07.05 13:36:25 +05'30'