Madhya Pradesh High Court
Chandra Brahma Dev Singh vs The State Of Madhya Pradesh on 15 February, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 15 th OF FEBRUARY, 2024
WRIT PETITION No. 25346 of 2023
BETWEEN:-
CHANDRA BRAHMA DEV SINGH S/O SHRI UMA PRATAP
SINGH, AGED ABOUT 36 YEARS, OCCUPATION: PRIVATE
JOB R/ O H.NO. 149 NEAR KALHARTI GOVT. SCHOOL
KALHARI POST NAUDHIYA TEHSIL BEOHARI SHAHDOL
DISTIRCT SHAHDOL (MADHYA PRADESH)
.....PETITIONER
(NONE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
CHIEF SECRETARY MANTRALAYA VALLABH
BHAWAN DISTRICT BHOPAL (MADHYA PRADESH)
2. DEPARTMENT OF SCHOOL EDUCATION,
THROUGH ITS CONCERNED OFFICER
MANTRALYA VALLABH BHAWAN, BHOPAL
DISTRICT BHOPAL (MADHYA PRADESH)
3. DIRECTORATE OF PUBLIC
EDUCATION/INSTRUCTION, THROUGH ITS
COMMISSIONER, GOVERNMENT OF M.P.
BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)
4. DIRECTORATE OF PUBLIC EDUCATION
THROUGH ITS JOINT DIRECTOR DIVISIONAL
SHAHDOL, DISTRICT SHAHDOL (MADHYA
PRADESH)
5. THE DISTRICT COLLECTOR, SHAHDOL DISTRICT
SHAHDOL (MADHYA PRADESH)
6. DISTRICT EDUCATION OFFICER, BEOHARI
DISTRICT SHAHDOL (MADHYA PRADESH)
7. GOVERNMENT HIGHER SECONDARY SCHOOL,
Signature Not Verified
P A P R E D I DISTRICT SHAHDOL (MADHYA
Signed by: TULSA SINGH
Signing time: 2/15/2024
6:01:07 PM
2
PRADESH)
8. GOVERNMENT HIGHER SECONDARY SCHOOL,
K H A I R A DISTRICT SHAHDOL (MADHYA
PRADESH)
9. GOVERNMENT HIGHER SECONDARY SCHOOL,
SARVAIKHURD DISTRICT SHAHDOL (MADHYA
PRADESH)
10. GOVERNMENT GIRLS HIGHER SECONDARY
SCHOOL, BEOHARI DISTRICT SHAHDOL
(MADHYA PRADESH)
11. GOVERNMENT HIGHER SECONDARY SCHOOL,
K H A D D A DISTRICT SHAHDOL (MADHYA
PRADESH)
12. GOVERNMENT HIGHER SECONDARY SCHOOL,
CM RISE SCHOOL MAU, BEOHARI, DISTRICT
SHAHDOL (MADHYA PRADESH)
.....RESPONDENTS
(BY SMT. SWATI ASEEM GEORGE - DY. GOVT. ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
On the last date of hearing, time was sought to file rejoinder, however, no rejoinder is filed till date.
On perusal of the petition, reveals that some advertisement was issued for recruitment of Computer Instructor for imparting instructions in the Government Higher Secondary School situated in District Shahdol. This advertisement was issued in the year 2023.
2. Petitioner's grievance is that though he is fully qualified and he holds requisite qualifications had applied for the said post as was advertised vide Annexure-P/1 but the petitioner has not been selected, hence he has filed this writ petition claiming the relief that respondents be directed to take steps to set Signature Not Verified Signed by: TULSA SINGH Signing time: 2/15/2024 6:01:07 PM 3 aside the merit list made by the concerned respondent whereby candidates having less integrated score were selected and further to select the petitioner based on his score and counting his experience.
3. Respondents have filed a reply and in their reply, they have categorically mentioned that petition is bereft of merit. Petitioner's reliance on Annexure-P/6 is in regard to appointment of Guest Faculty and not in regard to Computer Instructor. Guidelines for the appointment of Computer Instructor are contained in Annexure-R/1, R/2 and R/3 and petitioner has suppressed the relevant facts. It is submitted that petitioner's name appears at a lower merit as is evident from Annexure-R/4, therefore, petitioner finding a lower place in the merit is not entitled to seek any indulgence.
4. Annexure-R/1 is the guidelines issued for recruitment of Computer Instructor. These guidelines have been issued by the Directorate of Public Instructions on 04/05/2023. According to these guidelines, applications for Computer Instructor will be invited through the Portal meant for Guest Faculties. Candidate applying for the post should possess necessary GFMS Portal Generated Score Card and in the score card, score of SSS-2-I.T. panel is reflected. Incharge of the institute will down load the score card reflected on GFMS Portal and thereafter Annexure-R/2 provides the qualifications which are the desired qualifications for the purpose of recruitment of Computer Instructors.
5. Similarly, circular dated 06/07/2023 (Annexure-R/3) clearly provides that only SSS-2-I.T. score card bearers will be entitled for appointment on the post of Computer Instructor. Thereafter a merit list is available on record which reveals that name of petitioner-Chandra Brahma Dev Singh is mentioned at Merit No.37, that means that there were persons securing higher merit and when Signature Not Verified Signed by: TULSA SINGH Signing time: 2/15/2024 6:01:07 PM 4 tested on this aspect that nobody less meritorious than the petitioner has been given appointment and the merit list has been prepared on the basis of the basic score, there is no illegality in the said decision of the authorities calling for interference.
6. Accordingly, this writ petition fails and the same is hereby dismissed.
(VIVEK AGARWAL) JUDGE ts Signature Not Verified Signed by: TULSA SINGH Signing time: 2/15/2024 6:01:07 PM