Madhya Pradesh High Court
Pankaj Shrivastav vs The State Of Madhya Pradesh on 1 March, 2017
Writ Petition No.7984/2016
1
(Pankaj Shrivastava & Ors. Vs. State of M.P. & Ors.)
01.03.2017.
Shri H.K.Shukla, learned counsel for the
petitioners.
Shri Prakhar Dhengula, learned Panel Lawyer
for the respondents/State.
Learned Panel Lawyer for the respondents/State has placed reliance on the order dated 2.12.2016 passed in W.P.No.19388/2016 by the Principal Seat, so also order dated 29.10.2014 passed in W.P.No.7816/2014 by the Indore Bench of this Court, wherein similar issue pertaining to e- attendance for teachers based on Global Positioning System (GPS) was under challenge and it was held that in absence of any violation of any statutory provision of law on the part of the respondents and in absence of violation of any constitutional rights guaranteed to the petitioners, no interference can be made in the decision of enforcing e-attendance.
It appears that writ appeal No.802/2014 which was filed against the order dated 29.10.14 passed in W.P.No.7816/2014 by the Indore Bench was withdrawn on 11.3.2016 as is apparent from the order dated 2.12.2016 passed in W.P.No.19388/2016.
Thus, considering the order of Indore Bench Writ Petition No.7984/2016 2 and also of the Principal Seat in W.P.No.7816/14 and W.P.No.19388/2016 respectively, I find no reason to entertain this petition. However, the petitioners will be free to make their representation before the respondents highlighting their actual problem in remote areas regarding connectivity etc. At this stage, learned counsel for the petitioners submits that he be granted liberty to move fresh representation before the Secretary, School Education Department/Competent Authority.
In case the petitioners submit fresh representation alongwith certified copy of this order within 15 days from today, the Secretary, School Education Department/Competent Authority shall consider and decide the same by a speaking order.
With the aforesaid, petition is dismissed. Interim order passed earlier stands vacated.
(Vivek Agarwal) Judge APC