Madhya Pradesh High Court
The State Of Madhya Pradesh vs Vijay Pratap Singh on 29 August, 2017
W.A. No.662/2017 29.08.2017
Shri Sanjay Dwivedi, Deputy Advocate General for the appellants/State.
I.A.No.10696/2017 - application for condonation of delay in filing the writ appeal. There is delay of 145 days in filing of the present appeal.
For the reasons stated in the application, we are satisfied that the appellants have disclosed sufficient cause for condonation of delay.
The delay is condoned.
I.A stands allowed.
W.A. No. 662/2017:
The challenge in the present writ appeal is to an order dated 9.12.2016 passed by the learned Single Bench in W.P. No.9506/2016 whereby the circular to the extent, by which Jan Shikshak/Block Academic Coordinators could not apply for regular appointment as Jan Shikshak in terms of Jan Shiksha Niyam 2003, has been set aside.
The circular was issued on 30.10.2015 by which a condition was imposed that the candidates who have earlier worked as Jan Shikshak or Block Academic Coordinator cannot be considered for appointment to the post of Jan Shikshak. The learned Single Bench has struck down such condition in the circular.
We find that the candidate, who is otherwise eligible for appointment on the basis of academic qualification and experience, cannot be declared ineligible for the reason that he has earlier worked on contract basis against the post of Jan Shikshak. By virtue of executive instructions, a class of candidate cannot be disqualified from being considered for appointment as Jan Shikshak.
In view of the aforesaid, we do not find any merit in the present appeal and the same is dismissed.
(Hemant Gupta) (Vijay Kumar Shukla)
Chief Justice Judge
shukla