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Madhya Pradesh High Court

Harikant Sharma vs The State Of Madhya Pradesh on 2 August, 2023

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                                                    1
                          IN    THE    HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                  BEFORE
                                    HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                               CHIEF JUSTICE
                                                     &
                                    HON'BLE SHRI JUSTICE VISHAL MISHRA
                                           ON THE 2 nd OF AUGUST, 2023
                                         WRIT PETITION No. 17937 of 2023

                         BETWEEN:-
                         HARIKANT SHARMA S/O JAGDEESH SHARMA, AGED
                         ABOUT 43 YEARS, OCCUPATION: SELF EMPLOYED,
                         MAKAN NO. 147, W NO.2, INDIRA GANDHI WARD,
                         PIPARIYA, DISTRICT  NARMADAPURAM, MADHYA
                         PRADESH.

                                                                            .....PETITIONER
                         (BY SHRI AMBER MISHRA - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                               SCHOOL EDUCATION DEPARTMENT, VALLABH
                               BHAWAN, BHOPAL, MADHYA PRADESH.

                         2.    GENERAL   ADMINISTRATIVE    DEPARTMENT
                               THROUGH    ITS   SECRETARY, MANTRALAYA,
                               VALLABH BHAWAN, BHOPAL, DISTRICT BHOPAL,
                               MADHYA PRADESH.

                         3.    DIRECTORATE     OF   PUBLIC   EDUCATION
                               THROUGH    ITS   COMMISSIONER,   BHOPAL,
                               DISTRICT BHOPAL, MADHYA PRADESH.

                         4.    EMPLOYEES SELECTION BOARD THROUGH ITS
                               DIRECTOR, CHAYAN BHAWAN, MAIN ROAD NO.1,
                               CHINAR   PARK   (EAST),  BHOPAL, MADHYA
                               PRADESH.

                                                                          .....RESPONDENTS
                         (BY SHRI B.D. SINGH - DEPUTY ADVOCATE GENERAL FOR THE
                         RESPONDENT/STATE)

Signature Not Verified
Signed by: PRARTHANA
SURYAVANSHI
Signing time: 8/3/2023
4:57:15 PM
                                                                2
                                 This petition coming on for admission, this day, Hon'ble Shri Justice
                         Ravi Malimath, Chief Justice passed the following:
                                                                ORDER

I. Issue a writ in the nature of mandamus directing the respondents to take necessary steps to set aside the clause/rule 6 of UCHCH MADHYAMIK :

SHIKSHAK CHAYAN SAMBANDHIT VIBHAGIYA NIYAM given in the rule book of examination HSTST-2023 and increase age limit of EWS category in equivalence to that of OBC/SC/ST category, in the interest of justice.

II. Issue a writ in the appropriate nature ordering the respondent to provide to allow the petitioner to appear in the above mentioned exam by giving them an age relaxation of 45 3 years.

III. Issue any other writ, order or direction as this Hon'ble Court deem fit to protect the interest of the petitioners in the interest of justice.

                                (RAVI MALIMATH)                                           (VISHAL MISHRA)
                                  CHIEF JUSTICE                                                JUDGE
                         Prar




Signature Not Verified
Signed by: PRARTHANA
SURYAVANSHI
Signing time: 8/3/2023
4:57:15 PM