Madhya Pradesh High Court
Naveen Kumar Soni vs The State Of Madhya Pradesh Judgement ... on 29 November, 2013
Writ Petition No.9444/2013. 29.11.2013
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Shri Mohd. Ali, learned counsel for the petitioner. Shri S.S. Bisen, learned Government Advocate for the State of M.P. on advance notice.
Circular-dated 27.3.2012 filed along with memo-dated 27.11.2013 is taken on record.
Heard.
Grievance of the petitioner is against non-publication of Unified Merit List of Samvida Shala Shikshak Grade I of Mathematics subject.
It is contended that 124 vacancies of General Category Candidates in Mathematics subject were notified Jila Panchayat wise and though the petitioner was adjudged qualified in the Eligibility Test, 2011 with 75.44 marks out of 150, yet the petitioner, who belongs to 'Other Backward Class', is not accommodated in the General Category. It is urged that had there been a unified merit list of Samvida Shala Shikshak Grade I, the petitioner could have been selected by including his name in the General Category.
The recruitment of Samvida Shala Shikshak is governed by the rules framed by the State Government in exercise of the powers conferred by sub-section (1) of Section 95 read with sub- section (2) of Section 70 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam 1993, known as the Madhya Pradesh Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 (for short 'Rules 2005'). Rule :: 2 ::
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6 of the Rules lays down the provisions regarding selection and method of employment, in the following terms -
"6. Selection and Method of Employment. - (1) The employment of Samvida Shala Shikshak after commencement of these Rules shall be done in accordance with the provisions of these Rules. (2) "Samvida Shala Shikshak Eligibility Examination", hereinafter called "Eligibility Examination" as prescribed, shall be conducted for the employment of Samvida Shala Shikshak. The eligibility examination shall be conducted by an agency prescribed by the Government.
(3) The agency authorized to hold eligibility examination for Samvida Shala Shikshak shall advertise the procedure to apply for taking the examination and the scheme of examination in the newspaper, as prescribed.
(4) The educational qualification for appearing in the eligibility examination of Samvida Shala Shikshak shall be such, as specified in Schedule-II. (5) The grade and category wise minimum percentage of marks to qualify in the eligibility examination of Samvida Shala Shikshak shall be as under :-
Grade of Scheduled Scheduled Other Others Samvida Shala Castes Tribes Backward Shikshak Classes (1) (2) (3) (4) (5) Grade - 1 30% 30% 30% 40% Grade - 2 30% 30% 30% 40% Grade - 3 30% 30% 30% 40% (6) The provisions of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 :: 3 ::
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(No.21 of 1994) shall apply to the employment of Samvida Shala Shikshak.
(7)(a) Posts shall be reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes in accordance with the provisions of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No.21 of 1994), instructions issued by the General Administration Department vide its Notification No.F-6-1-
2002/Reservation Cell/1/dated 19.9.2002 and orders issued by the State Government from time to time in pursuance of Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Rules, 1998.
(7)(b) For each category of vacant posts, the reservation shall be -
(i) 50% for women;
(ii) Subject to the proviso of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (No.1 of 1996), 6% for disabled persons (2% for visually impaired, 2% for hearing impaired, 2% for orthopaedically disabled);
(iii) 10% for ex-army personnel;
(iv) To any other category which may be notified by the Government from time to time." (8) ......"
The selection and employment, thus, are two different stages taken recourse tos after the assessment of vacancies of Samvida Shala Shikshak as contemplated under Rule 4 of the Rules 2005, stipulating -
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"4. Assessment of Vacancies Of Samvida Shala Shikshak.- (1) The vacancies of Samvida Shala Shikshak shall be assessed by a Committee constituted under the Chairmanship of the Collector, which shall consist of Chief Executive Officer, Zila Panchayat, Chief Executive Officer, Janpad Panchayat, District Project Coordinator, District Education Officer, Assistant Commissioner/ District Organizer, Tribal Welfare as its members. The Chief Executive Officer, Zila Panchayat, shall be the secretary of the Committee. The Committee shall make school-wise assessment of vacant posts as prescribed. While making the assessment, the Committee shall keep in view the surplus teachers in the Panchayat, the Shishakarmis posted in the schools under their control, extension of contract of Samvida Shala Shikshak and employment on compassionate ground under these Rules.
(2) After the assessment of the Committee, the information regarding vacant posts shall be sent to the Government for approval. After the receipt of approval from the Government, the information of vacant post shall be provided to the Panchayat.
(3) After the receipt of information of vacant posts from the Committee, Panchayt shall ensure subject-wise posting of teachers. The Panchayat shall not proceed of its own assessment of the requirement.
Thus, though there may be a Unified Samvida Shala Shikshak Eligibility Examination; however, the vacancies are filled Jila Panchayat wise. This aspect is established by the stipulations in sub-rule (8) and sub-rule (9) of Rule 6 of the Rules, 2005. Whereas, sub-rule (8) stipulates -
"(8) Receipt of Application by Panchayat.-(a) For filling of the vacant posts of Samvida Shala Shikshak activity :: 5 ::
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wise time limits shall be fixed and applications for employment shall be invited as prescribed. Information in this regard shall be -
(i) displayed on the Notice Board of the concerned Panchayat, and
(ii) published at local and divisional level in at least one popular, widely circulated newspaper through the Department of Public Relations.
(b) The applicant may apply for more than one place and for more than one grade.
(c) The age, educational and other qualification and disqualification for the employment of Samvida Shala Shikshak shall be such as may be specified in Schedule II of the Rules."
Thus, the Panchayat shall receive application for filling of the vacant posts of Samvida Shala Shikshak activity wise. Sub- rule (9) of Rule 6 stipulates that after the scrutiny of the applications received by Employing Authority, the category wise merit list of the candidates belonging to unreserved category, Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be prepared.
Sub-rule (10) and sub-rule (11) of Rule 6 respectively provides for preparation of Provisional Select List and Publication of Provisional & Final Select List.
Sub-Rule (10) stipulates that -
"(10) Preparation of Provisional Select List.- After scrutiny of the application received under sub-rule (8)(a), provisional select lists as per sub-rule (9) for each category of candidate in order to their merit shall be prepared and in such list the names of the candidates mentioned in clause (b) of sub-rule (7) shall :: 6 ::
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be shown separately and it shall including a waiting list containing such number of candidates as may be required by the Employing Authority. A unified selection list shall also be prepared in which the name of the candidates having secured highest marks is shown at the top and other names are shown in descending order limited to the number of vacancies for unreserved category. If there appears to be any candidate for reserved category in the list of unreserved category on the basis of merit, his/her employment shall not be treated against the vacancy of reserved category. Thereafter, the names of candidates of reserved category shall be shown in order of their merit limited to the number of vacancies reserved for each such category.
Preparation of unified selection list referred to in this provision is in respect of respective panchayat wise and not of all panchayats as the petitioner understands.
The petitioner, for the reasons best known to him, has not disclosed as to for which Jila Panchayat he applied for appointment as Samvida Shala Shikshak Grade I (Maths) and by relying upon the publication of Final Select List under sub-rule (11) of Rule 6 of Rules 2005 by respective Jila Panchayat, has raised a grievance against alleged non-publication of Unified Select List.
The grievance of the petitioner, being ill found, the petition deserves to be and is dismissed. No costs.
(SANJAY YADAV) JUDGE vinod