Madhya Pradesh High Court
Sharda Prasad Patle vs The State Of Madhya Pradesh on 16 July, 2025
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 16th OF JULY, 2025
WRIT PETITION No. 3657 of 2023
SHARDA PRASAD PATLE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Mithilesh Prasad Tripathi - Advocate for the Petitioner.
Shri Mohan Sausarkar - Government Advocate for the
Respondent/State.
ORDER
Learned counsel for the petitioners at the outset submits that candidature of the petitioners has been rejected on the ground of the fact that they have qualified Diploma in Primary Education (D.P.E. for short) issued by Indira Gandhi National Open University (IGNOU for short) which has not been accepted as recognized qualification in terms of M.P. School Education Service (Teaching Cadre), Service Conditions and Recruitment Rules, 2018 as amended vide amendment notification dated 01.12.2022.
Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM 22. Learned counsel for the petitioner submits that this issue has been recently decided by this Court in Writ Petition No.32420/2024 and the case of the petitioner is squarely covered by the said Order. In Writ Petition No.32420/2024, this Court has passed the following Order:-
"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 Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM 3 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:-Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM 4
**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 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 Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM 5 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. Classificati Minimum Maximum Educational Qualification No on of Age Age Samvida 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 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.
Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM 6OR 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 Minimu Maximum Age Educational Remarks No posts m Age limit Qualification limit (1) (2) (3) (4) (5) (6)
2. Madhyamik 21 years As per Bachelors degree in 1. Passed Shikshak instructions of the relevant subject Teacher Eligibility General and 2 years diploma Test with Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM 7 Administration in Elementary prescribed Department Education or its percentage.
equivalent.
2. Related subject OR means that the related main Bachelor's degree subject has been in the relevant studied for 3 years subject with at least in graduation. 50% marks and One year Bachelor in 3. After passing Education (B.Ed.) the eligibility test, it will be OR mandatory to be selected through Bachelor degree in the selection list. the relevant subject with at least 45% 4. In respect of marks and One year MS (Sanskrit) of Bachelor in Sanskrit Education (B.Ed.) Pathshala, Shastri in accordance with degree in Sanskrit the NCTE Literature/ (Recognition Norms Grammar etc. in and Procedure) second class from Regulations, issued a recognized from time to time in Institute / this regard. University shall be the minimum OR educational qualification.
Higher Secondary Apart from this it (or its equivalent) will be mandatory with at least 50% to possess B.Ed. marks and 4 year degree / D.L.Ed.
Bachelor in
Elementary
Education (B.El.
Ed.).
OR
Higher Secondary
(or equivalent) with
at least 50% marks
Signature Not Verified
Signed by: KRISHNA SINGH
Signing time: 7/28/2025
3:47:22 PM
8
and 4 years
Bachelor Degree in
the relevant subject
(B.A. B.Ed./B.Sc.
B.Ed. or
B.A.,Ed/B.Sc,Ed.).
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.
Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM 912. The State Government having framed different Rules at 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 Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM 10 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 Legislature of a State and Parliament have power to make laws, the executive power of the Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM 11 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. Learned counsel for the State is not in a position to point out any distinguishing feature in the present case.
4. Accordingly, this petition is also allowed and disposed off in the similar terms.
5. The aforesaid Order will apply mutatis mutandis to the case of the present petitioners also.
(VIVEK JAIN) JUDGE veni Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM 12 Signature Not Verified Signed by: KRISHNA SINGH Signing time: 7/28/2025 3:47:22 PM