Madhya Pradesh High Court
Dileep Kumar Tiwari vs The State Of Madhya Pradesh on 23 March, 2022
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
W.P. No. 5176/2022
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
ON THE 23rd OF MARCH, 2022
WRIT PETITION No. 5176 of 2022
Between:-
DILEEP KUMAR TIWARI S/O SHRI
RAMNARESH TRIPATHI, AGED ABOUT
52 YEARS, OCCUPATION: SAHAYAK
ADHYAPAK AT GOVT. PRIMARY
1. SCHOOL DOVKHARA, SANKUL HIGHER
SECONDARY SCHOOL DIHIYA, BLOCK
REWA DISTRICT REWA (M.P.) (MADHYA
PRADESH)
SURENDRA MOHAN TRIPATHI S/O SHRI
ABHILASH PRASAD TRIPATHI, AGED
ABOUT 48 YEARS, OCCUPATION:
SAHAYAK ADHYAPAK AT GPS
2.
BAMHANGAWAN, SANKUL HIGHER
SECONDARY SCHOOL DIHIYA,
DISTRICT- REWA (MADHYA PRADESH)
OM PRAKASH TRIPATHI S/O SHRI RAM
NARESH TRIPATHI, AGED ABOUT 52
YEARS, OCCUPATION: SAHAYAK
ADHYAPAK AT PRIMARY SCHOOL
3.
HARDI SHANKAR, SANKUL HIGHER
SECONDARY SCHOOL GIRLS SK REWA,
DISTRICT- REWA (MADHYA PRADESH)
SMT. PUSHPA TIWARI W/O SHRI
MAHENDRA SINGH TIWARI, AGED
ABOUT 56 YEARS, OCCUPATION:
SAHAYAK ADHYAPAK AT
4. GOVERNMENT PRIMARY SCHOOL
BANSI, SANKUL HIGHER SECONDARY
SCHOOL NIPANIYA, DISTRICT- REWA
(MADHYA PRADESH)
5. MANOJ KUMAR SRIVASTAV S/O LATE
PRAKASH NARAYAN SHRIVASTAV
OCCUPATION: SAHAYAK ADHYAPAK AT
GOVERNMENT PRIMARY SCHOOL
BILHA, SANKUL HIGHER SECONDARY
SCHOOL NIPANIYA REWA, DISTRICT-
REWA (MADHYA PRADESH)
W.P. No. 5176/2022
2
UMESH KUMAR SEN S/O LATE SHRI
MUNNU LAL SEN OCCUPATION:
SAHAYAK ADHYAPAK AT
GOVERNMENT PRIMARY SCHOOL
6.
MHUGURIHAI, SANKUL HIGHER
SECONDARY SCHOOL NIPANIYA REWA,
DISTRICT- REWA (MADHYA PRADESH)
HASAHBUNNISHA KHAN W/O MD.
RAFIQ KHAN OCCUPATION: SAHAYAK
ADHYAPAK AT GOVERNMENT
7.
PRIMARY SCHOOL DIHIA, SANKUL
HIGHER SECONDARY SCHOOL DIHIA,
DISTRICT- REWA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI NITYANAND MISHRA, LEARNED COUNSEL FOR THE PETITIONER)
AND
THE STATE OF MADHYA PRADESH
THROUGH THE PRINCIPAL SECRETARY
SCHOOL EDUCATION DEPARTMENT
1.
VALLABH BHAWAN BHOPAL (M.P.)
(MADHYA PRADESH)
COMMISSIONER PUBLIC INSTRUCTION,
DIRECTORATE OF PUBLIC
INSTRUCTIONS GAUTAM NAGAR
2.
SECTOR-B, BHOPAL (MADHYA
PRADESH)
COLLECTOR REWA DISTRICT- REWA
3. (MADHYA PRADESH)
CHIEF EXECUTIVE OFFICER ZILA
4. PANCHAYAT, REWA (MADHYA PRADESH)
DISTRICT EDUCATION OFFICER REWA
5. (MADHYA PRADESH)
6. SCREENING COMMITTEE, THROUGH
ITS NODAL OFFICER-CUM-DEPUTY
DIRECTOR DISTRICT EDUCATION
OFFICER REWA (MADHYA PRADESH)
7. SPECIAL POLICE ESTABLISHMENT
(LOKAYUKTA) THROUGH
SUPERINTENDENT OF POLICE,
LOKAYUKTA, DISTRICT- REWA
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI G.P. SINGH, LEARNED GOVERNMENT ADVOCATE FOR THE
RESPONDENTS/STATE)
This petition coming on for admission this day, the court passed the
following:
W.P. No. 5176/2022
3
ORDER
Heard.
By the instant petition, the petitioners have challenged the entries made in the list dated 21.09.2018 (Annexure-P/5) issued for absorption as Sahayak Adhyapak. The name of the petitioners also find place in the said list but their case for absorption has not been considered for the reason that some Lokayukt case is pending against them.
Learned counsel for the petitioners submits in the Lokayukt case, petitioners were not the party and those cases have been finally decided. The petitioners were not party in the said case and, therefore, under wrong premise and misconception, claim of the petitioners for their absorption has not been considered. Learned counsel submits that this petition can be disposed of directing the respondents to consider the claim of the petitioners for absorption as they have no past criminal antecedents and even no Lokayukt case is pending.
In view of the aforesaid, this petition is disposed of directing the respondents to consider the claim of the petitioners afresh by assigning reasons and pass a speaking order. If it is found that the petitioners are eligible for absorption then appropriate orders shall also be passed by the authority directing their absorption as Sahayak Adhyapak as has been done in the cases of other similarly situated persons.
Let the aforesaid exercise be completed by the respondents/authority within a period of three months from the date of submitting certified copy of this order.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, this petition stands disposed of.
Certified copy as per rules.
(S.A. DHARMADHIKARI) JUDGE ashish Digitally signed by ASHISH KUMAR LILHARE Date: 2022.03.24 17:50:35 +05'30'