Madhya Pradesh High Court
Lata Bisen vs The State Of Madhya Pradesh on 28 July, 2025
1
WP-34683-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 28th OF JULY, 2025
WRIT PETITION No.34683 OF 2024
LATA BISEN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
............................................................................................................................................
Appearance :
Shri D.K. Tripathi - Advocate for the petitioner.
Ms. Supriya Singh - Dy. G.A. for the respondents/State.
............................................................................................................................................
ORDER
By way of present petition, the petitioner is seeking following reliefs:-
"I. To call for entire relevant record.
II. To issue a writ in the nature of mandamus by directing the respondent to correct school and district mentioned in impugned order dated 08.08.2024(annexure P/1). III. Any other relief together cost of the petition which this Hon'ble Court deem fit and proper under the facts and circumstances of this case may also be awarded in favour of the petitioner."
2. The petitioner has not been allowed to join the duty in pursuance of order Annexure P/1 on the ground that she has not attained B.Ed/D.Ed. degree. However, the said issue has been recently decided by this Court in W.P. No.32420/2024 in the following manner:-
2WP-34683-2024 "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. 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 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 3 WP-34683-2024 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 ftUgsa jk"Vªªh; v/;kid la?k ifj"kn }kjk eku;rk nh xbZ gSA blds varxZr bXuw ¼bafnjk 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.
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 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 Minimum Maximum Educational Qualification No of Samvida Age Age 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 4 WP-34683-2024 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 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 Minimum Maximum Age limit Educational Remarks No posts Age limit Qualification (1) (2) (3) (4) (5) (6)
2. Madhyamik 21 years As per instructions Bachelors 1. Passed Teacher Shikshak of General degree in the Eligibility Test with Administration relevant subject prescribed Department and 2 years percentage.
diploma in
Elementary 2. Related subject
Education or its means that the related
equivalent. main subject has been
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WP-34683-2024
studied for 3 years in
OR graduation.
Bachelor's 3. After passing the degree in the eligibility test, it will relevant subject be mandatory to be with at least selected through the 50% marks and selection list.
One year
Bachelor in 4. In respect of MS
Education (Sanskrit) of Sanskrit
(B.Ed.) Pathshala, Shastri
degree in Sanskrit
OR Literature/ Grammar
etc. in second class
Bachelor from a recognized
degree in the Institute / University
relevant subject shall be the minimum
with at least educational
45% marks and qualification. Apart
One year from this it will be
Bachelor in mandatory to possess
Education B.Ed. degree /
(B.Ed.) in D.L.Ed.
accordance
with the NCTE
(Recognition
Norms and
Procedure)
Regulations,
issued from
time to time in
this regard.
OR
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)
6
WP-34683-2024
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,E
d.).
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 7 WP-34683-2024 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 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 01.12.2022 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 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 8 WP-34683-2024 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."
3. The present petition is also disposed of in similar terms. The petitioner being diploma in primary education from IGNOU is entitled to similar relief and the aforesaid order will apply to the present case also mutatis mutandis and she shall be allowed to take charge of post of Madhyamik Shikshak.
4. With the aforesaid, the petition is disposed of.
(VIVEK JAIN) JUDGE rao SATYA Digitally signed by SATYA SAI RAO DN: c=IN, o=HIGH COURT OF MADHYA PRADESH JABALPUR, 2.5.4.20=fd8212036fdbf89fa7ca6dd1d45561a78 03f38162f693a3cbabf7e416131fa7f, ou=HIGH COURT OF MADHYA PRADESH JABALPUR,CID -
SAI RAO 7050389, postalCode=482001, st=Madhya Pradesh, serialNumber=d71b7c71d530e3c544e8ebf848d 8818167becb37eb09e44776d0667970eed1e9, cn=SATYA SAI RAO Date: 2025.08.14 11:15:19 +05'30'