Madhya Pradesh High Court
Sourabh Sahu vs The State Of Madhya Pradesh on 8 July, 2022
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8TH OF JULY, 2022
WRIT PETITION No.7572 of 2022
Between:-
SOURABH SAHU, S/O RAMKUMAR SAHU
AGED ABOUT 24 YEARS, OCCUPATION NIL,
R/O 33, SAI COLONY, SANCHAR NAGAR,
KRISHI UPAJ MANDI, JABALPUR (M.P.)
..... PETITIONER
(BY MOHD. IRFAN RAYEEN - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THROUGH ITS PRINCIPAL SECRETARY
DEPARTMENT OF SCHOOL EDUCATION
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. DIRECTOR OF PUBLIC INSTRUCTIONS
DIRECTORATE SATPURA BHAWAN,
BHOPAL (M.P.) (MADHYA PRADESH)
3. DISTRICT EDUCATION OFFICER
JABALPUR DISTRICT JABALPUR (M.P.)
(MADHYA PRADESH)
4. JILA PANCHAYAT JABALPUR THROUGH
ITS CHIEF EXECUTIVE OFFICER
DISTRICT JABALPUR (M.P.) (MADHYA
PRADESH)
2
5. PRINCIPAL GOVERNMENT HIGHER
SECONDARY BOYS SCHOOL KATANGI
JABALPUR (M.P.) (MADHYA PRADESH)
6. RANU JHARIA D/O SURENDRA KUMAR
JHARIA OCCUPATION: TRAINER
GOVERNMENT BOYS HIGHER
SECONDARY SCHOOL KATANGI DISTRICT
JABALPUR (M.P.) (MADHYA PRADESH)
7. LAKSYA JOB SKILLS ACADEMY PRIVATE
LIMITED BANGALORU BANGALORU
KARNATAKA (KARNATAKA)
.... RESPONDENTS
(SHRI S.S.CHOUHAN - GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1, 2, 3 4 AND 5)
--------------------------------------------------------------------------------------------------
This petition coming on for admission this day, Hon'ble Shri
Justice Vishal Mishra, passed the following:
ORDER
The present petition has been filed seeking the following relief(s) :-
"7.1. This Hon'ble Court may kind enough to notionally quash the appointment of respondent No.6 on the post of Vocational Tainer teacher in Electronics subject for the year 2021-2022 and respondents be directed to treat the petitioner in service notionally and grant marks for his seniority for future appointment.
7.2. This Hon'ble Court further may kind enough to direct the respondents to grant 2 marks of experience to petitioner for future employment i.e. 2022-2023 onwards.
7.3. This Hon'ble Court may kindly be pleased to issue any writ or direction or order which deems fit and proper looking to the facts and circumstance of the case in facts and circumstance of the case in favour of the petitioner."3
2. It is alleged that the petitioner is a Graduate in (B.E.) Electrical Engineering. Respondent No.6 is a degree holder of the same trade. The State Government has introduced vocational training in the Higher Secondary School under Samagra Shiksha Abhiyan. For the purpose of training Guest Teachers are appointed for every academic session. The petitioner has been appointed as Guest Teacher Electronics and Hardware for academic session 2019-20. A circular was issued on 26.12.2020 prescribing qualification and experience for the eligible candidates, prescribing that merit list will be prepared and preference will be given to those vocational trainers who are already serving from the before. The applications were invited by 29.12.2020 and appointments were made w.e.f. 01.01.2021. The petitioner as well as the respondent No.6 has applied for the post.
3. In the academic session 2019-20, the respondent No.6 worked in Plumbing trade and in 2020-21 again applied for Plumber trade. On 31.12.2020, the respondent No.5 appointed the respondent No.6 for the post of vocational trainers for Electronics and Hardware trade. It is argued that selection of respondent No.6 was in violation of the guidelines provided in circular Annexure P-3 as she had neither applied for Electronics and Hardware nor she had experience in that trade. A complaint was made by the respondent No.3 on the same day but of no consequence. The District Education Officer vide letter dated 11.01.2021 informed the petitioner that the selection has been made in transparent manner according to the merit list. The petitioner filed representation to C.E.O., Jila Panchayat and Joint Director School Education School but of no consequence. He preferred a writ petition being Writ Petition No. 6336 of 2021 challenging the action of the 4 respondents before this Court but the petition could not be heard due to non-listing of the case due to Corona Pandemic-19 and since the appointment was for only one academic session, the petition become infructuous and was subsequently withdrawn with a liberty to file afresh petition.
4. Meanwhile a decision was taken by the authorities to hand over the Vocational Training Programme to Private Service Providers. A contract was provided to Laksya Job Skills Academy Private Limited Bengaluru. It is pointed out that some of the vocational trainers have challenged the Government's precedence in a bunch of writ petitions being Writ Petition No.13756 of 2021 (Brajesh Kumar Chauksey Vs. Union of India) and connected matters. Interim order was passed restraining the respondents from terminating the services of incumbent trainers but on 17.08.2011 this Hon'ble Court has passed an order clarifying the interim order to the effect that incumbent V.T.I. shall continue in service without being required to face any new selection process. Thus, it is clear that the petitioner was wrongly denied the renewal of contract period. Therefore, the present petition has been filed.
5. Counsel appearing for the State has vehemently opposed the contention and has pointed out that the respondent No.6 was appointed on 31.12.2020. The petitioner has although challenged the appointment of respondent No.6 but subsequently by efflux of time the petition was withdrawn being rendered infructuous. Admittedly the petitioner has not been appointed. Now in the present petition, he is virtually challenging the appointment of the respondent No.6 which was granted to her on 31.12.2020 and further the seniority and marks 5 for the period of 2020-2021 and prayed that the same be considered for granting employment to the petitioner in 2022-2023 session.
6. It is argued that once the petitioner was not appointed on earlier occasion then no benefit of the circular issued by the State Government could be extended. The respondent No.6 has successfully completed the tenure for the academic session, therefore, after completion of the session, the challenge to the appointment order is per se illegal, therefore, no relief can be extended to the petitioner.
7. Heard the learned counsel for the parties and perused the record.
8. From the perusal of the record, it is not disputed that the respondent No.6 was appointed on 31.12.2020. She continued till the session was over. The writ petition which was preferred by the petitioner being Writ Petition No.6336 of 2021 was dismissed as withdrawn being rendered infructuous, owing to completion of session vide its order dated 14.02.2022. Now the petitioner is claiming that as the initial appointment of the respondent No.6 be declared as bad in law and the petitioner was denied appointment illegally, therefore, the benefit of extra marks and experience should be extended to the petitioner for her future employment for the academic session 2022-23 by treating the petitioner to be in service notionally and further grant seniority for his future employment. The fact remains that once the petitioner was not even granted appointment, therefore, no notional appointment, notional seniority can be granted, no benefit of experience can be granted for future employment, in absence of any appointment order. The petitioner could not point any relevant clause or rules to enable him to grant such relief as claimed by him. The respondent No.6 has successfully completed her academic session for 6 which she was appointed. At such a belated stage, her appointment after completion of the academic session cannot be declared as illegal.
9. In view of the facts and circumstances, no relief can be extended to the petitioner.
10. The petition sans merit and is accordingly dismissed.
11. Pending interlocutory applications are also disposed off.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
AM.
Digitally signed by ANINDYA
SUNDAR MUKHOPADHYAY
Date: 2022.07.15 11:01:23 +05'30'