Madhya Pradesh High Court
Rajesh Kumar Gubrele vs The State Of Madhya Pradesh on 31 August, 2024
NEUTRAL CITATION NO. 2024:MPHC-JBP:43916
1 WP-25125-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 31st OF AUGUST, 2024
WRIT PETITION No. 25125 of 2024
RAJESH KUMAR GUBRELE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Devendra Kumar Tripathi - Advocate for the Petitioner.
Shri Prabhanshu Shukla - Government Advocate for the Respondent/State.
ORDER
Learned counsel for the petitioner at the outset prays for withdrawal of I.A.No.13439/2024 for exemption of Court fees and submits that he would deposit the requisite Court fees and cure other fiscal defaults during the course of the day.
The prayer is allowed.
Let Court fees and other fiscal defaults be cured during the course of the day.
Certified copy of the Order be delivered only after fiscal defaults in the matter of Court fees, etc. and Adhivakta Kalyan Nidhi are cured.
The grievance in the present petition is that the respondents initiated a process for appointing Jan Shikshaks and Block Academic Co-ordinators on the basis of deputation vide Annexure P-5 as per Policy dated 12.07.2024 in reference to policy dated 17.08.2023 issued by the Director, Rajya Shiksha Kendra.
Signature Not Verified Signed by: KRISHNA SINGH Signing time: 9/3/2024 3:08:44 PMNEUTRAL CITATION NO. 2024:MPHC-JBP:43916 2 WP-25125-2024 The case of the petitioners is that the petitioners are already working on deputation to Rajya Shiksha Kendra and they applied in pursuance to Advertisement Annexure P-5 for being posted on deputation as Jan Shikshak/Block Academic Co-ordinators. A Scrutiny list has been issued vide Annexure P-1 wherein the petitioners have been declared disqualified holding that the petitioners have not completed cooling of period and therefore, their cases cannot be considered for again taking them on deputation in Rajya Shiksha Kendra.
The case of the petitioners is that for the post of Jan Shikshak and Block Academic Co-ordinators, there is no such requirement of cooling off period, though such requirement may be there for Block Resource Co-
ordinator (BRC) and Assistant Project Co-ordinator (APC). The petitioners submit that by the same order Annexure P-1 by which the provisional list has been released, a chance has been given to the aggrieved persons to submit their claims and objections upto 21.08.2024. Thus, a chance has been given by the respondents to them to submit objections and claims to the petitioners list issued by Annexure P-1.
The case of the petitioners is that objection is already submitted on 16.08.2024 but the respondents are going ahead to issue the final list without deciding the said objection in the matter of applicability of cooling off period for deputation to the post of Janshikshak and Block Academic Co-ordinator.
Per contra, learned counsel for the State submits that the signatures on the representation dated 16.08.2024 as annexed at page 47 and 48 of the petition are not legible and it cannot be inferred whether the petitioners have Signature Not Verified Signed by: KRISHNA SINGH Signing time: 9/3/2024 3:08:44 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:43916 3 WP-25125-2024 made such representation or some other employees have made such representation.
The said objection is inconsequential because the representation is not in respect of particular facts of a particular employee but is in respect of general applicability of cooling off period for the post of Janshikshak and Block Academic Co-ordinator and the representation is in the matter of the cooling of period being applicable or not. In fact it would be in inconsequential that which of the employees have signed the said representation. Submission of the representation is duly made out by a bare perusal of the documents annexed at page 47 and 48 of the petition.
The order Annexure P-1 indicates that the respondents themselves have given a chance to submit objection and objections have already been submitted which relates to a general policy to consider the cases of persons without cooling off period being proper or not.
Thus, it would be appropriate for the respondent to decide the representation, prior to issuing the final selection list.
Consequently, this petition is disposed of directing the respondents No.4 and 5 to take note of the representation in the matter of applicability of cooling off period as raised before them vide representations/objections dated 16.08.2024 before issuing the final select list.
With the aforesaid directions, the petition is disposed of.
(VIVEK JAIN) JUDGE Signature Not Verified Signed by: KRISHNA SINGH Signing time: 9/3/2024 3:08:44 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:43916 4 WP-25125-2024 veni Signature Not Verified Signed by: KRISHNA SINGH Signing time: 9/3/2024 3:08:44 PM