Madhya Pradesh High Court
Vineeta Dehariya vs The State Of Madhya Pradesh on 8 July, 2022
Author: Maninder S Bhatti
Bench: Maninder S Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S BHATTI
ON THE 8th OF JULY, 2022
WRIT PETITION No. 14253 of 2022
Between:-
VINEETA DEHARIYA D/O SHRI NETRAM
DEHARIYA , AGED ABOUT 39 YEARS,
OCCUPATION: NIL R/O VILLAGE MUKAM
SURLAKHAPA, POST SURLAKHAPA TAHSIL
MARRAI DISTRICT CHHINDWARA M.P.
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI Y. SHUKLA, LEARNED COUNSEL FOR THE
PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
SECRETARY SCHOOL EDUCATION
DEPARTMENT BHOPAL M.P. DISTRICT BHOPAL
M.P. (MADHYA PRADESH)
2. MADHYA PRADESH PROFESSIONAL
EXAMINATION BOARD, THROUGH CHAIRMAN
CHAYAN BHAWAN, MAIN ROAD NO.1, CHINAR
PARK (EAST) BHOPAL (MADHYA PRADESH)
3. DEPARTMENT OF EDUCATION, THROUGH
DIRECTOR GAUTAM NAGAR, HOUSING BOARD
COLONY (MADHYA PRADESH)
4. DISTRICT EDUCATION OFFICER, CHHINDWARA
PROFESSOR COLONY, CHHINDWARA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD KUMAR PANDEY, LEARNED COUNSEL FOR
THE RESPONDENTS/STATE.)
( BY SHRI RAHUL DIWAKER, LEARNED COUNSEL ALONG WITH
Signature Not Verified SHRI SHUBHAM RAI, COUNSEL FOR THE RESPONDENT NO.2)
SAN
Digitally signed by PARMESHWAR GOPE
Th is petition coming on for hearing this day, th e court passed the
Date: 2022.07.09 17:21:09 IST
2
following:
ORDER
The petitioner has filed this petition while praying for following reliefs:-
"7.(i) Issue an appropriate writ/writs, order/orders in the nature of mandamus directing the Respondents to extend the benefit to the Petitioner for purpose of selection in Middle School Teacher Grade-2 and revise the results accordingly;
(ii) Any other relief which this Court deems fit and proper under the facts and circumstances of the case;
(iii) Costs of the petition be awarded to the petitioner;"
As per the facts narrated in the petition, the petitioner herein, who was working as a Guest Faculty applied for selection against the post of Middle School Teacher and accordingly, participated in the Middle School Teacher Eligibility Test, 2018 conducted by Professional Examination Board. After declaration of result, the petitioner was not selected having scored 94.79 proportionate marks and further scored 92.63 normalised marks, which is evident from perusal of Annexure P/6.
The grievance of the petitioner is that her marks are more than the candidates whose names appeared at Serial Nos. 248, 249 and 250 in the select list. The petitioner submits that she having scored 94.79 proportionate marks ought to have been selected inasmuch as the candidates at Serial Nos. 248, 249 and 250 scored less marks than the petitioner. Therefore, the petitioner is praying for issuance of a writ in the nature of mandamus commanding the respondents to consider the case of the petitioner for appointment as Middle Signature Not Verified SAN School Teacher.
Digitally signed by PARMESHWAR GOPEDate: 2022.07.09 17:21:09 IST The counsel for the Professional Examination Board, while appearing on 3 advance notice submits that the candidates whose name appear at Serial Nos. 248, 249 and 250 belongs to EWS, unreserved and OBC category respectively whereas the present petitioner belongs to female SC category.
While taking this court to Serial No. 212 page-28 of the petition submits that the cut-off in the category of SC female category is 108.91 therefore, the petitioner having applied in female SC category was not entitled to be considered therefore, submits that the prayer as made in the petition is mis- conceived.
Having heard the rival submissions, this court is of the considered opinion that from perusal of page-28 of the petition, it is palpably clear that the petitioner being a candidate in female SC category, did not deserve to be appointed inasmuch as, the cut-off was 108.91 marks whereas petitioner scored 94.79 marks, therefore, no case is made out for interference.
Accordingly, the Writ Petition stands dismissed.
(MANINDER S BHATTI) JUDGE PG Signature Not Verified SAN Digitally signed by PARMESHWAR GOPE Date: 2022.07.09 17:21:09 IST