Madhya Pradesh High Court
Mukesh Chandra Chouhan vs The State Of M.P. on 3 September, 2022
Author: Nandita Dubey
Bench: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE NANDITA DUBEY
ON THE 3rd OF SEPTEMBER, 2022
WRIT PETITION No. 19567 of 2022
Between:-
MUKESH CHANDRA CHOUHAN, S/O SHRI
BADRI LAL CHOUHAN, AGED ABOUT 38 YEARS,
OCCUPATION: PRATHMIK SHIKSHAK, R/O
VILLAGE KALALIYA, TEHSIL JAWRA, DISTRICT
RATLAM (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AMIT CHATURVEDI, ADVOCATE)
AND
1. THE STATE OF M.P. THROUGH ITS PRINCIPAL
SECRETARY, SCHOOL EDUCATION
DEPARTMENT, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. THE COMMISSIONER, PUBLIC INSTRUCTIONS,
GAUTAM NAGAR, BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(BY MS. PRIYANKA MISHRA, GOVERNMENT ADVOCATE)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
Office objection regarding the territorial jurisdiction is ignored as the impugned order has been passed at Bhopal.
The present petition has been filed challenging the order dated 11.06.2022 whereby, the petitioner has been directed to be transferred from P.S. Isampur, Ratlam to Govt. HSS Excellence Piploda, Ratlam in arbitrary and illegal manner contrary to the advertisement dated 25.08.2021.
Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 9/3/2022 2:28:26 PM 2The petitioner has prayed for the following reliefs.
a. By issuance of writ in the nature of 'certiorari' an order dated 11.06.2022 (Annexure/P-1) may be quashed as far as it relates to the petitioner, in the interest of justice.
b. Grant any other relief as deemed fit and proper in the circumstances of this case, along with the cost of this writ petition be also awarded.
Learned counsel appearing for the respondents/State has brought to the notice of this Court an order dated 08.06.2022 passed by the Additional Director Public Instructions, Bhopal (M.P.) with respect to posting of the successful candidates in CM RISE School which reads as under :-
lh- ,e- jkbt fo|ky;ksa esa fofHkUu 'kSf{kd lao xksZa ds inLFkkiuk vkns'k foHkkx }kjk 24 ls 28 ebZ ds e?; tkjh fd, x, gSA foHkkx }kjk tkjh fofHkUu 'kSf{kd loxksZa ds dqy 4322 yksdlso dksa ds vkns'k tkjh fd, x, gSa] ftlesa ls vHkh rd 3620¼84 izfr'kr) ds }kjk dk;ZHkkj xzg.k djus dh lwpuk lapkyuky; esa izkIr gqbZ gSaA mDr vkns'k ds fo:) lapkyuky; dks vHkh rd yxHkx 200 yksdlso dksa }kjk inLFkkiuk vkns'k ds fo:) vH;kosnu izLrqr fd, x, gSaA vr% izkIr vH;kosnuksa dk vafre :i ls fujkdj.k gksus rd lacf/krksa dks dk;ZeqDr ugha fd;k tk,A ;fn fdlh dks dk;ZeqDr dj fn;k x;k gks rFkk muds }kjk uohu inLFkkiuk LFky ij dk;ZHkkj xzg.k u fd;k gks rks mUgsa iwo Z inLFkkiuk LFky ij vkxkeh vkns'k rd ds fy, iqu% Tokbu djk,.
It is argued by the counsel for the State that as there are several representations being received for consideration of cases of postings, the decision has been taken by the authorities to consider their representations and if the teachers have not joined at the transferred place of posting then they will be permitted to continue on their present place of posting. It is argued that on Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 9/3/2022 2:28:26 PM 3 passing of the aforesaid order by the Government virtually no cause of action arises to the petitioner as on date and as the Government has given an assurance that they will consider all the grievances which have been raised by the teachers like the petitioner and will pass a speaking order on the same. She fairly submits that the petitioner will be permitted to continue at the present place of posting if he has not joined at his transferred place till the representation has been decided.
Considering the overall facts and circumstances of the case and the subsequent development i.e. notice dated 08.06.2022 whereby the decision has been taken by the Government to consider the representations and till the decision has been taken on the representations, the teachers like petitioner is permitted to continue at the present place of posting, no further cause of action survives.
Let the authorities take a final decision in the matter with respect to the posting of the petitioner. It is expected that while dealing with the representation of the petitioner, the respondents will afford an opportunity of hearing to the petitioner and thereafter, pass a self contained speaking order and communicate the outcome to the petitioner.
Till the decision is taken by the Government, the respondents are directed to permit the petitioner to continue at the original place of posting.
Petition is accordingly disposed of.
Certified copy as per rules.
(NANDITA DUBEY) JUDGE sjk Signature Not Verified Signed by: SHARAN JEET KAUR JASSAL Signing time: 9/3/2022 2:28:26 PM