Madhya Pradesh High Court
Smt.Malti Bisen vs The State Of Madhya Pradesh on 26 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:40793
1 WP-30057-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 26th OF AUGUST, 2025
WRIT PETITION No. 30057 of 2024
SMT.MALTI BISEN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dharmendra Patel - Advocate for the petitioner.
Shri Siddharth Shukla - Panel Lawyer for the respondent - State.
ORDER
The current charge of Middle School Teacher given to the petitioner has been withdrawn vide Annexure P-1 for the reason as mentioned in Annexure P-2 that the petitioner is having qualification of Diploma in Primary Education ('DPE' for short) issued by Indira Gandhi National Open University ('IGNOU' for short) which is not the recognized qualification for Middle School Teacher and therefore as the petitioner does not have the requisite qualification for promotional post, therefore, current current charge of promotional post have been withdrawn.
2. The aforesaid issue has already been decided by this Court by a detailed order passed in W.P. No.32420 of 2024 in the following manner :-
"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by the respondents whereby the current charge of the post of Middle School Teacher given to the petitioners have been withdrawn on the ground that the petitioners have qualified Diploma in Primary Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/28/2025 7:21:19 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:40793 2 WP-30057-2024 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 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.
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 Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/28/2025 7:21:19 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:40793
3 WP-30057-2024 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 has issued following clarifications in the name of Governor 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 required to be considered.
9. 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 Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/28/2025 7:21:19 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:40793 4 WP-30057-2024 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. Classification of Minimum Maximum Educational No Samvida Shala Age Age Qualification Shikshak (1) (2) (3) (4) (5)
1. Grade-1 xx xx xx
2. Grade-2 21 years 35 Bachelors degree in the years 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 time to time in this Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/28/2025 7:21:19 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:40793 5 WP-30057-2024 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 Bachelors Degree in the relevant subject and two years diploma in Elementary Education or its equivalent is the requisite qualification. Juxta opposing the aforesaid statutory provision through these 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 :-
Remarks Sr. Name of Minimum Maximum Age Educational Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/28/2025 7:21:19 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:40793 Sr. Name of Minimum Maximum6 Age Educational WP-30057-2024 No posts Age limit ,imit Qualification (1) (2) (3) (4) (5) (6)
2. Madhyamik 21 years As per Bachelors degree in 1. Passed Teacher Shikshak instructions of the relevant subject Eligibility Test with General and 2 years diploma prescribed percentage.
Administration in Elementary
Department Education or its
equivalent. 2. Related subject
means that the related
main subject has been
OR studied for 3 years in
graduation.
Bachelor's degree in
the relevant subject 3. After passing the with at least 50% eligibility test, it will marks and One year be mandatory to be Bachelor in selected through the Education (B.Ed.) selection list.
OR 4. In respect of MS (Sanskrit) of Sanskrit Pathshala, Shastri degree in Sanskrit Bachelor degree in Literature/ Grammar the relevant subject etc. in second class with at least 45% from a recognized marks and One year Institute / University Bachelor in shall be the minimum Education (B.Ed.) in educational accordance with the qualification. Apart NCTE (Recognition from this it will be Norms and mandatory to possess Procedure) B.Ed. degree / Regulations, issued D.L.Ed.
from time to time in this regard.
OR Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/28/2025 7:21:19 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:40793 7 WP-30057-2024 Higher Secondary (or its equivalent) with at least 50% marks and 4 year Bachelor in Elementary Education (B.El.
Ed.).
OR Higher Secondary (or equivalent) with at least 50% marks and 4 years 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, Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/28/2025 7:21:19 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:40793 8 WP-30057-2024 Scheduled Tribes.
Other Backward
Classes and Persons
with disabilities.
11. Therefore, in the Rules of 2005 in clarification of which 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. Bachelors 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 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 and degree of D.El.Ed/D.Ed or its equivalent is recognized by the State and 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 petitioner could not have been declared ineligible and therefore, the orders impugned are vulnerable.
Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/28/2025 7:21:19 PMNEUTRAL CITATION NO. 2025:MPHC-JBP:40793 9 WP-30057-2024
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 names of Governor which is at much higher pedestal to on order issued by the Joint Director at Divisional Level. The orders issued by the Governor in exercising any powers 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 which relates to executive powers of the State to extent to the 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, 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 on the post of Middle Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/28/2025 7:21:19 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:40793 10 WP-30057-2024 School Teacher. Petitions are allowed and disposed of."
3 . As the present case is similarly situated, therefore, the present petition is also allowed in similar terms. The impugned orders Annexure P-1 and P-2 are set aside and the petitioner be allowed to assume charge of Middle School Teacher forthwith as was granted to her earlier.
(VIVEK JAIN) JUDGE rj Signature Not Verified Signed by: RAJESH KUMAR JYOTISHI Signing time: 8/28/2025 7:21:19 PM