Madhya Pradesh High Court
Ku. Niteshwari Masram vs The State Of Madhya Pradesh on 28 July, 2023
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 28 th OF JULY, 2023
WRIT PETITION No. 17593 of 2023
BETWEEN:-
KU. NITESHWARI MASRAM D/O DAN SINGH MASRAM,
AGED ABOUT 29 YEARS, OCCUPATION: UNEMPLOYED
ATARIYA RAIYYAT (SAMNAPUR ) TAHSIL DINDORI
DISTRICT DINDORI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI R.B. TIWARI - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
SCHOOL EDUCATION DEPARTMENT VALLABH
BHAWAN BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER LOK SHIKSHAN
SANCHANALAYA GAUTAM NAGAR BHOPAL
(MADHYA PRADESH)
3. MADHYA PRADESH EMPLOYEE SELECTION
B O A R D THROUGH ITS DIRECTOR CHAYAN
BHAWAN MAIN ROAD NO. 1 CHINAR PARK (EAST)
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI V.P. TIWARI - GOVT. ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The petitioner has filed this petition under Article 226 of the Constitution of India seeking the following reliefs:-
"(i) Issue a writ in the nature of certiorari to quash the impugned Signature Not Verified Signed by: GEETHA NAIR Signing time: 7/28/2023 4:46:06 PM 2 condition No.6 of the advertisement dated 12.01.2023 (Annexure P-2) issued by respondent No.3 for the appointment over the post of High School Teacher by modifying qualifying marks from 50% to 40% for the reserved category;
(ii) Issue a writ in the nature of mandamus directed the respondents to accept the candidature of the petitioner for Uchcha Madhyamik Shikshak Chayan Examination - 2023 (Mains Examination), in the interest of justice;
(2). Issue any other writ, order or direction as this Hon'ble Court deem fit;
Petitioner is aggrieved by the fact that two different qualifying marks are fixed in two sets i.e. eligibility test and selection examination.
Learned counsel for the State has referred to the order dated 30.06.2023 passed i n W.P. No.13393/2023 (Ishwar Deen Prajapati and others vs. State of Madhya Pradesh and others), wherein similar issue has been dealt with and the Court has declined to interfere in the matter and dismissed the writ petition holding that ;-
"A preliminary examination and final examination are the part of one selection process. Whenever the posts are advertised, then in the light of large number of aspirants, the employer generally conducts a preliminary examination to shortlist the number of aspirants and thereafter, it conducts a final examination. Therefore, a preliminary as well as final examination is a part of same recruitment process whereas in the present case eligibility test has nothing to do with the recruitment process but it merely shortlist the number of candidates, who can appear in the recruitment process for the posts which are advertised at a later stage. Thus, providing for a different minimum qualifying marks in the Signature Not Verified Signed by: GEETHA NAIR Signing time: 7/28/2023 4:46:06 PM 3 eligibility test and different qualifying marks in the selection process cannot be said to be violative of Article 14 or 16 of Constitution of India, and it cannot also be said that rules of game have been changed in the midway."
The aforesaid order is squarely applicable to the present case also. In view of Ishwardeen Prajapati (supra), this petition has no merits and is hereby dismissed.
(NANDITA DUBEY) JUDGE gn Signature Not Verified Signed by: GEETHA NAIR Signing time: 7/28/2023 4:46:06 PM