Madhya Pradesh High Court
Smt. Neetu Umre vs The State Of Madhya Pradesh on 21 December, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 WP-10534-2014
The High Court Of Madhya Pradesh
WP No. 10534 of 2014
(SMT. NEETU UMRE Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 21-12-2021
Shri Dhirendra Kumar Shukla, learned counsel for the
petitioner.
Shri Amit Mishra, learned Panel Lawyer for the
respondent/State.
Petitioner has filed this writ petition being aggrieved of order Annexure P/11 dated 9.7.2014 whereby services of petitioner on the post of Social Mobilizer have been discontinued by respondent No.4 Chief Medical & Health Officer, Narsinghpur on the ground that two certificates produced by the petitioner, one from Rajeev Gandhi Computer Saksharta Mission, New Delhi showing that petitioner had obtained diploma in Computer Application and another certificate issued by Skyline Computer Centre, Bhopal showing that petitioner had completed diploma in Computer Application, have not been accepted as they are not from the recognized institutions as per the requirements mentioned in Annexure P/1.
Learned counsel for the petitioner submits that in the certificate (Annexure P/4) issued by Skyline Computer Centre Bhopal, it is mentioned that it is recognized by the Government of Madhya Pradesh. Similarly, the certificate Annexure P/3 issued by Rajeev Gandhi Computer Saksharta Mission, New Delhi makes a mention that it is an ISO 9001 : 2008 Certified Institution, therefore, bonafidely the petitioner had taken admission and completed her course. He places reliance on the judgment of Coordinate Bench of Signature Not Verified Indore High Court, which has been brought on record alongwith SAN Digitally signed by AMIT JAIN Date: 2021.12.22 19:18:21 IST 2 WP-10534-2014 I.A.No.10326/2021 in Writ Petition No.2577/2015 (Deepak Nagda & Another versus State of Madhya Pradesh & Others) decided on 8.11.2019.
Learned Panel Lawyer for the respondent/State opposes the contentions advanced by learned counsel for the petitioner.
After hearing learned counsel for the parties and going through the record, it is evident and admitted even by learned counsel for the petitioner that any person desirous of having appointment is required to possess qualifications as are mentioned in the advertisement (Annexure P/1). It is not in dispute that petitioner could not produce any relevant material to show that either Rajeev Gandhi Computer Saksharta Mission, New Delhi or Skyline Computer Centre, Bhopal are recognized institutions by the State for accepting diplomas conducted by them.
As far as the order passed by a Coordinate Bench of Indore High Court in Writ Petition No.2577/2015 (Deepak Nagda & Another versus State of Madhya Pradesh & Others) decided on 8.11.2019 is conderned, it has nothing to do with the qualifications but it is in regard to absorption of persons, who had worked as Social Mobilizers and their posts were abolished for want of sanction by NHRM. Since all Social Mobilizers have been accommodated under the new name in the same Mission, therefore, the Court directed the respondents to consider the case of petitioners and if found eligible, they be reengaged as LDC for MIS. The judgment in Writ Petition No.2577/2015 (Deepak Nagda & Another versus State of Madhya Pradesh & Others) decided on 8.11.2019 is not applicable to the facts & circumstances of the present case.
Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2021.12.22 19:18:21 IST3 WP-10534-2014 As petitioner has failed to bring on record any certificate of recognition for the institutions, which have given her certificate, no illegality or arbitrariness can be attached to the impugned order calling for any interference in writ jurisdiction of this Court.
Accordingly, this writ petition fails and is dismissed.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2021.12.22 19:18:21 IST