Madhya Pradesh High Court
Shailendra Ukeshwar vs The State Of Madhya Pradesh on 2 July, 2025
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 2nd OF JULY, 2025
WRIT PETITION No. 32420 of 2024
AVIRAJ KHOBRAGADE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
.........................................................................................................
Appearance:
Shri Satyendra Jyotishi - Advocate for the petitioner..
Ms. Supriya Singh.- Dy. Govt. Advocate for the respondents /State.
..........................................................................................................
WITH
WRIT PETITION No. 30090 of 2024
AARTEE TEMRE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
.........................................................................................................
Appearance:
Shri Devendra Kumar Tripathi - Advocate for the petitioner..
Ms. Supriya Singh.- Dy. Govt. Advocate for the respondents /State.
..........................................................................................................
WRIT PETITION No. 235 of 2025
SHAILENDRA UKESHWAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
.........................................................................................................
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 08-07-2025
18:17:37
2
Appearance:
Shri Satyendra Jyotishi - Advocate for the petitioner..
Ms. Supriya Singh.- Dy. Govt. Advocate for the respondents /State.
..........................................................................................................
WRIT PETITION No. 237 of 2025
SANJAY KUMAR NAMDEO
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
.........................................................................................................
Appearance:
Shri Satyendra Jyotishi - Advocate for the petitioner..
Ms. Supriya Singh.- Dy. Govt. Advocate for the respondents /State.
..........................................................................................................
ORDER
The present petitions have been filed putting to challenge the orders passed by the respondents whereby the current charge of the post of Middle School Teacher given to the petitioners have been withdrawn on the ground that the petitioners have qualified Diploma in Primary Education ('DPE' for short) issued by the Indira Gandhi National Open University ('IGNOU' for short) which is not the recognized qualification for Middle School Teacher in terms of the Madhya Pradesh School Education Service (Teaching Cadre) Service Conditions and Recruitment Rules, 2018 ( for short 'Rules of 2018') as amended vide amendment notification dated 01.12.2022.
2. It has been alleged against the petitioners that petitioners do not possess requisite qualification of promotional post of Middle School Teacher and therefore, they cannot be given current charge of Middle School Teacher. It is not disputed between the parties that petitioners had Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 08-07-2025 18:17:37 3 been given current charge of higher post as per provisions made in the Statutory Rules in that regard and they were considered in terms with the provisions of statutory rules along with the juniors for grant of current charge of higher post. Therefore, the present case in terms of statutory rules and the circular dated 07.02.2023 issued by the School Education Department and therefore, it is not a simpliciter case of junior getting current charge by way of stop gap arrangement but current charge being given to all the employees in feeder cadre on the basis of seniority. The policy of giving current charge is placed on record as Annexure P-3.
3. The order of giving charge of middle school teacher has been cancelled on the ground that the petitioners have qualification of DPE which is not equivalent to the Diploma in Elementary Education ('D.El.Ed' for short) which is the requisite qualification under the Rules of 2018 to hold the post of Middle School Teacher and since the petitioners allegedly do not have qualification to hold the promotional post, therefore, the order of current charge has been withdrawn. The system of current charge is not a routine current charge, but provided under statutory rules, by inserting Rule 5 (4) (c) in Madhya Pradesh School Education Service (Teaching Cadre), Service Conditions and Recruitment Rules, 2018, vide amending notification dated 01.12.2022.
4. The sole issue that arises for consideration therefore is whether the Diploma of DPE possessed by the petitioners from IGNOU is equivalent to the qualification of D.El.Ed or not.
5. The learned counsel for the petitioners have vehemently relied on circular issued by the School Education Department (Annexure P-6 in WP No. 30090 of 2024 dated 28.02.2013) to submit that the State Government Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 08-07-2025 18:17:37 4 has issued following clarification vide Circular issued in the name of Governor, declaring that the qualification is equivalent.
6. In the order Annexure P-6 dated 28.02.2013 in WP No. 30090/2024 the State has issued the following clarifications:-
** lafonk 'kkyk f'k{kd Js.kh&3 ds laf{kIr foKkiu dh dafMdk&8 esa Li"V mYys[k fd;k x;k gS fd f}o"khZ; fMIyksek/kkjh Mh0,M@ch0Vh0lh ;k vU; uke ls izpfyr fu;e 2005 dh vuqlwph&nks esa nh xbZ f'k{k.k&izf'k{k.k ;ksX;rk/kkjh vkosnd izFke pj.k esas vfHkys[kksa ds lR;kiu gsrq lfEefyr gksaxs ,oa fu;qDrdrkZ vf/kdkjh dk vkWuykbZu p;u djsaxsA dfri; ftyk f'k{kk vf/kdkfj;ksa }kjk Mh0,M ,oa led{k fMIyksek ds laca/k esa i`PNk dh gSA bl laca/k esa Li"V fd;k tkrk gS fd Mh0,M0 ds led{k os lHkh izkjafHkd f'k{kk ds fMIyksek ekU; fd, tk,a ftUgs jk"Vªªh; v/;kid la?k ifj"kn }kjk eku;rk nh xbZ gSA blds varxZr bXuw ¼ bafnjk xka/kh jk"Vªªh; eqDr fo'ofo|ky; ½ ls fd;s tkus okyk Mh0ih-bZ0 Hkh lfEefyr gSA**
7. As per the aforesaid clarification, the qualification of DPE issued by IGNOU is equivalent to D.El.Ed/ D.Ed qualification.
8. The learned counsel for the State has argued that the said circular cannot be employed in the present time in view of specific provisions of Rules of 2018 as amended on 01.12.2022. Therefore, this issue is required to be considered.
Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 08-07-2025 18:17:37 59. The circular dated 28.02.2013 was issued by the State Government in relation to educational qualification as laid down in M.P. Panchayat Samvida Shala Shikshak Employment and Conditions of Contract Rules, 2005 for the post of Samvida Shala Shikshak Grade-II which corresponds to Middle School Teacher under the Rules of 2018. The requisite qualification for the post of Samvida Shala Shikshak Grade-II as per Schedule-II of Rules of 2005 was as under:-
SCHEDULE - II Age, Qualifications, Disqualifications and Appeal Committee for Samvida Shala Shikshak [See Rule 2 (b) and Rule 6 (4) (8) (c)] SI. Classificati Minimum Maximum Educational Qualification No on of Age Age Samvida Shala Shikshak (1) (2) (3) (4) (5)
1. Grade-1 xx xx xx
2. Grade-2 21 years 35 years Bachelors degree in the relevant subject and 2 years diploma in Elementary Education or its equivalent.
OR Bachelors degree in the relevant subject with at least 50% marks and Bachelors Degree in Education (B.Ed.) OR Bachelors degree in the relevant subject with at least 45% marks and Bachelor Degree in Education (B.Ed.) in accordance with the NCTE (Recognition Norms and Procedure) Regulations, issued from Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 08-07-2025 18:17:37 6 time to time in this regard.
OR Higher Secondary Certificate Examination with at least 50% marks and Bachelor Degree in Elementary Education (B.El. Ed.).
OR Higher Secondary Certificate Examination with at least 50% marks and 4 years Bachelor Degree in the relevant subject (B.A. B.Ed./B.Sc. B.Ed.).
OR Bachelor Degree in the relevant subject with at least 50% marks and Bachelor Degree in Education (Spe-
cial Education).
10. Evidently, the Rules of 2005 provided that Bachelor's Degree in the relevant subject and two years diploma in Elementary Education or its equivalent is the requisite qualification. Juxtaposing the aforesaid statutory provision to the Rules of 2022 as amended by amendment notification dated 01.12.2022, the requisite qualification for the post of Middle School Teacher (Madhyamik Shikshik) is as under :-
Sr. Name of Minimu Maximum Age Educational Remarks No posts m Age limit Qualification limit (1) (2) (3) (4) (5) (6)
2. Madhyamik 21 years As per Bachelors degree in 1. Passed Shikshak instructions of the relevant subject Teacher Eligibility General and 2 years diploma Test with Administration in Elementary prescribed Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 08-07-2025 18:17:37 7 Department Education or its percentage.
equivalent.
2. Related subject OR means that the related main Bachelor's degree subject has been in the relevant studied for 3 years subject with at least in graduation.
50% marks and One
year Bachelor in 3. After passing
Education (B.Ed.) the eligibility test,
it will be
OR mandatory to be
selected through
Bachelor degree in the selection list.
the relevant subject with at least 45% 4. In respect of marks and One year MS (Sanskrit) of Bachelor in Sanskrit Education (B.Ed.) Pathshala, Shastri in accordance with degree in Sanskrit the NCTE Literature/ (Recognition Norms Grammar etc. in and Procedure) second class from Regulations, issued a recognized from time to time in Institute / this regard. University shall be the minimum OR educational qualification.
Higher Secondary Apart from this it (or its equivalent) will be mandatory with at least 50% to possess B.Ed.
marks and 4 year degree / D.L.Ed.
Bachelor in
Elementary
Education (B.El.
Ed.).
OR
Higher Secondary
(or equivalent) with
at least 50% marks
and 4 years
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 08-07-2025
18:17:37
8
Bachelor Degree in
the relevant subject
(B.A. B.Ed./B.Sc.
B.Ed. or
B.A.,Ed/B.Sc,Ed.).
OR
Bachelor Degree in
the relevant subject
with at least 50%
marks and One year
B.Ed. (Special
Education).
2. Relaxation up to
5% in the qualifying
marks shall be
allowed to the
candidates
belonging to
reserved categories,
such as Scheduled
Castes, Scheduled
Tribes. Other
Backward Classes
and Persons with
disabilities.
11. Therefore, in the Rules of 2005, clarifying whereof the notification dated 28.02.2013 was issued in the name of Governor, so also in the Rules of 2018 as amended by the notification dated 01.12.2022 the provisions are similar i.e. Bachelor's Degree in the relevant subject and two years' diploma in Elementary Education or its equivalent.
12. The State Government having framed different Rules at different points of time but not having changed the requisite criteria for the post of Samvida Shala Shikshak Grade-2 or Madhyamik Shikshak which is the succeeding post of the post of Samvida Shala Shikshak Grade-2, cannot get Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 08-07-2025 18:17:37 9 rid of the clarification issued under the old Rules whereby the qualification of DPE granted by IGNOU was declared equivalent to D.El.Ed / D.Ed.
13. There being no difference in language in the Schedule of the Rules of 2005 and 2018 as amended on 01.12.2022, in the considered opinion of this Court, the State Government is bound by its clarification dated 28.02.2013 even upon issuance of Rules of 2018 because there is no substantive change in the requisite qualification i.e. degree of D.El.Ed/D.Ed or its equivalent being held compulsory by the State and its equivalence has already been declared vide order dated 28.02.2013 issued in the name of Governor.
14. There is nothing on record to indicate or show that the aforesaid clarification has been withdrawn at any point of time later to 28.02.2013. Therefore, the degree of D.El.Ed once being declared equivalent to DPE, the petitioners could not have been declared ineligible and therefore, the orders impugned are vulnerable.
15. At this stage, learned counsel for the State has pointed out to the conditions of the order whereby the petitioners were given current charge and by referring to condition No.3 of the order Annexure P-7 in WP No.32420/2024, it is argued that the degree of D.Ed./ B.T.I. /B.T.C. is required for Madhyamik Shikshak. However, the said condition in the order will not override the statutory rules of 2018 as amended on 01.112.2022 nor it will override the general clarification issued by the State Government under the name of Governor which is at much higher pedestal to on order issued by the Joint Director at Divisional Level. The order issued by or in name of the Governor by exercising Executive powers of the State in a matter for which legislature of the State is competent to make laws, are at higher pedestal in view of the Article 162 of the Constitution of India Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 08-07-2025 18:17:37 10 which provides extension of executive powers of the State to matters with respect to which legislature of the State has power to make laws. Article 162 of the Constitution of India is as under:-
162. Extent of executive power of State "Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws:
Provided that in any matter with respect to which the Legislature of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by the Constitution or by any law made by Parliament upon the Union or authorities thereof."
16. The order issued in the name of Governor amounts to exercising legislative power by the executive under Article 162 of the Constitution of India and it will continue to bind the State machinery unless withdrawn.
17. Therefore, the orders impugned in the present petitions are quashed.
The petitioners shall be allowed to assume charge forthwith of Middle School Teacher as granted to them. Petitions are allowed and disposed of.
(VIVEK JAIN)
nks JUDGE
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 08-07-2025
18:17:37