Madhya Pradesh High Court
Shri Prasad Singh Pawnar vs The State Of Madhya Pradesh on 9 August, 2023
Author: Nandita Dubey
Bench: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE NANDITA DUBEY
ON THE 9 th OF AUGUST, 2023
WRIT PETITION No. 17396 of 2023
BETWEEN:-
1. SHRI PRASAD SINGH PAWNAR S/O SHRI JAGRAM
SINGH PAWNAR, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST TEACHER R/O KHATI POST-
K H A T I TEHSIL PUSHPARAJGARH DISTRICT
ANUPPUR (MADHYA PRADESH)
2. SANDEEP KUMAR GUPTA S/O SHRI NARESH
PRASAD GUPTA, AGED ABOUT 32 YEARS,
OCCUPATION: GUEST TEACHER R/O VILLAGE
H.NO. 96/3 KHAIRHA SHAHDOL 484110 (MADHYA
PRADESH)
3. RASHMI D/O SHRI ROHANI PRASAD PATEL, AGED
ABOUT 38 YEARS, OCCUPATION: GUEST TEACHER
R/O VILLAGE KUDA MAILI MANDLA 481662
(MADHYA PRADESH)
4. MAHIMA GUPTA D/O SHRI K.P. GUPTA, AGED
ABOUT 31 YEARS, OCCUPATION: GUEST TEACHER
R/O H.NO. 21 CIVIL LINE SHIKSHAK COLONY
DINDORI (MADHYA PRADESH)
5. KOUSHAR PATHAN S/O SHRI SALIM PATHAN,
AGED ABOUT 28 YEARS, OCCUPATION: GUEST
TEACHER R/O WARD-12 RAMMANDIR MARG
MAHESHVER KHARGONE DISTRICT KHARGONE
(MADHYA PRADESH)
6. PRIYANKA RAJPOOT D/O VISHAN SINGH
RAJPOOT, AGED ABOUT 28 YEARS, OCCUPATION:
GUEST TEACHER R/O NAVNITA HOTEL
NEPIRATOWN JABALPUR (MADHYA PRADESH)
7. PREM KUMAR PRITAM S/O SARVAJEET RAM,
AGED ABOUT 33 YEARS, OCCUPATION: GUEST
TEACHER R/O H.NO. D-2 KV NO.1 GCF STATE
HIGH COURT JABALPUR 482007 (MADHYA
PRADESH)
Signature Not Verified
Signed by: GEETHA NAIR
Signing time: 8/9/2023
4:21:07 PM
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8. VIJAY KUMAR AHIRWAR S/O SHRI MANIK LAL
AHIRWAR, AGED ABOUT 34 YEARS, OCCUPATION:
GUEST TEACHER R/O AMATOLA KOELIKHAPA
BALAGHAT 481117 (MADHYA PRADESH)
9. SANTULAL YADAV S/O SHRI DEVLAL YADAV,
AGED ABOUT 34 YEARS, OCCUPATION: GUEST
TEACHER R/O MOHGAON POST MOHGAON
MANDLA 481663 (MADHYA PRADESH)
10. VANDNA JHARIYA D/O ANIL KUMAR JHARIYA,
AGED ABOUT 40 YEARS, OCCUPATION: GUEST
TEACHER R/O VILLAGE CHAVI POST CHAVI
MANDLA 481672 (MADHYA PRADESH)
11. AKHLESH KUMAR NANDA S/O SHRI RAMKRIPAL
NANDA, AGED ABOUT 34 YEARS, OCCUPATION:
GUEST TEACHER R/O MOHANIYA PATHPARA
MANDLA 481661 (MADHYA PRADESH)
12. CHANDRAMANI SAHU S/O RAMGOVIND SAHU,
AGED ABOUT 36 YEARS, OCCUPATION: GUEST
TEACHER R/O VILLAGE MEHADWANI POST
MEHADWANI TEHSIL SHAHPURA DINDORI
(MADHYA PRADESH)
13. SONU SHRIVASTAVA D/O SHRI ARVIND TIWARI,
AGED ABOUT 44 YEARS, OCCUPATION: GUEST
TEACHER R/O VILLAGE CHANDAMETA TEHSIL
CHHINDWARA 480447 (MADHYA PRADESH)
14. PRABHU RAM SAHU S/O SHRI SUDAMA PRASAD
SAHU, AGED ABOUT 34 YEARS, OCCUPATION:
GUEST TEACHER R/O VILLAGE AND POST
SARASDALI MEHADWANI DINDORI 481672
(MADHYA PRADESH)
15. POOJA PATEL D/O SHRI PRABHUDAYAL PATEL,
AGED ABOUT 30 YEARS, OCCUPATION: GUEST
TEACHER R/O WARD NO.01 GOPALGANJ
SHAHPURA DINDORI 481990 (MADHYA PRADESH)
16. MANRATA RATHOD D/O SHRI DINESH RATHOD,
AGED ABOUT 30 YEARS, OCCUPATION: GUEST
TEACHER R/O GAYTRI MANDIR GRAM
SINGHANA DHAR 454446 (MADHYA PRADESH)
17. PEMA MOURYA S/O SHRI BHIKYA MOURYA,
AGED ABOUT 33 YEARS, OCCUPATION: GUEST
TEACHER R/O KAROUNDIYA KHURD DHAR
454446 (MADHYA PRADESH)
Signature Not Verified
Signed by: GEETHA NAIR
Signing time: 8/9/2023
4:21:07 PM
3
18. SHER SINGH CHOUHAN S/O SHRI GOMA, AGED
ABOUT 33 YEARS, OCCUPATION: GUEST TEACHER
R/O VILLAGE GRAM MORIPURA GUNDHWANI
DHAR 454446 (MADHYA PRADESH)
19. MUKESH MUJALDA S/O SHRI RAM SINGH
MUJALDA, AGED ABOUT 33 YEARS, OCCUPATION:
GUEST TEACHER R/O AWALDAMAN DHAR 454446
(MADHYA PRADESH)
20. ADARSH DIXIT S/O SHRI RAM SHANKAR DIXIT,
AGED ABOUT 28 YEARS, OCCUPATION: GUEST
TEACHER R/O H.NO. 99 HARDI POST UMARIYA
DISTRICT KATNI 483332 (MADHYA PRADESH)
21. HITENDRA DHURVE S/O SHRI DHARM SINGH
DHURVE, AGED ABOUT 33 YEARS, OCCUPATION:
GUEST TEACHER R/O VILLAGE DHARMA
DISTRICT SEONI 480667 (MADHYA PRADESH)
22. HEMANT RAHANDALE S/O SHRI RAMNATH
RAHANDALE, AGED ABOUT 34 YEARS,
OCCUPATION: GUEST TEACHER R/O INDAURI
DISTRICT SEONI 480667 (MADHYA PRADESH)
23. YOGENDRA SINGH MARSKOLE S/O SHRI
SURENDRA SINGH MARSKOLE, AGED ABOUT 34
YE A R S , OCCUPATION: GUEST TEACHER R/O
KANWAR SHAH COLONY DISTRICT SEONI 480661
(MADHYA PRADESH)
24. SANDEEP KUMAR DHARWAL S/O SHRI BAIJULAL
DHARWAL, AGED ABOUT 31 YEARS, R/O
DUNGARIYA BADALPUR DISTRICT SEONI 480661
(MADHYA PRADESH)
25. ABHILASHA PATEL D/O SHRI PRUSHOTTAM LAL
KURMI, AGED ABOUT 28 YEARS, R/O VILLAGE
GRAM SARRA TENDUKHEDA DISTRICT DAMOH
470880 (MADHYA PRADESH)
26. MAHENDRA BHALAVI S/O SHRI AMIRCHAND
BHALAVI, AGED ABOUT 32 YEARS, OCCUPATION:
GUEST TEACHER R/O DEOGAON DISTRICT SEONI
480884 (MADHYA PRADESH)
27. JASWANT KUMAR KHANDEY S/O SHRI KUNWAR
LAL KHANDEY, AGED ABOUT 32 YEARS, R/O H.NO.
285 KARANJIYA DISTRICT DINDORI 481884
(MADHYA PRADESH)
Signature Not Verified
Signed by: GEETHA NAIR
Signing time: 8/9/2023
4:21:07 PM
4
28. TRILOCHAN KHANDE S/O KUNWAR KHANDE,
AGED ABOUT 31 YEARS, R/O 285 KARANJIYA
DISTRICT DINDORI 481884 (MADHYA PRADESH)
29. SHYAM SUNDAR PATEL S/O SHRI KESHAV LAL
PATEL, AGED ABOUT 42 YEARS, OCCUPATION:
GUEST TEACHER R/O NARENIMAL ANJANIYA
DISTRICT MANDLA 481998 (MADHYA PRADESH)
30. DIVYAKANT PATEL S/O SHRI SHYAM KISHAN
PATEL, AGED ABOUT 31 YEARS, OCCUPATION:
GUEST TEACHER R/O ANJANIYA KHAMATIPUR
DISTRICT MANDLA 481672 (MADHYA PRADESH)
31. CHITRA TARACHAND RAMTEKE D/O SHRI
TARACHAND RAMTEKE, AGED ABOUT 44 YEARS,
OCCUPATION: GUEST TEACHER R/O H.NO. 902
REWA PRIDE LALPUR GWARIGHAT JABALPUR
(MADHYA PRADESH)
32. RAJEEV KUMAR KARTIKEY S/O SHRI
RAMKUMAR KARTIKEY, AGED ABOUT 30 YEARS,
OCCUPATION: GUEST TEACHER R/O WARD NO.11
JANTIPUR BHVABICHHIYA MANDLA 481995
(MADHYA PRADESH)
33. NEERAJ KUMAR MADWEY S/O SHRI PYARELAL
MANDWEY, AGED ABOUT 29 YEARS,
OCCUPATION: GUEST TEACHER R/O NARENIMAL
ANJANIYA DISTRICT MANDLA 481998 (MADHYA
PRADESH)
34. NEHA RAMNANI D/O SHRI HARISH RAMNANI,
AGED ABOUT 33 YEARS, OCCUPATION: GUEST
TEACHER R/O JUNNERDEO CHHINDWARA 480551
(MADHYA PRADESH)
35. MOHINI DIXIT D/O SHIV KUMAR DIXIT, AGED
ABOUT 29 YEARS, OCCUPATION: GUEST TEACHER
R/O LAKHNADON SEONI 480086 (MADHYA
PRADESH)
36. AARJU JAIN D/O OMPRAKASH JAIN, AGED
ABOUT 28 YEARS, OCCUPATION: GUEST TEACHER
R/O CHHOTI BAJER VTC CHOURAI DISTRICT
CHHINDWARA 480115 (MADHYA PRADESH)
37. DURGESHWARI RAJPOOT D/O SHRI OMPRAKASH
RAJPOOT, AGED ABOUT 33 YEARS, OCCUPATION:
GUEST TEACHER R/O WARD NO.14 POST PINDRAI
BLOCK NANPUR MANDLA 481668 (MADHYA
Signature Not Verified
Signed by: GEETHA NAIR
Signing time: 8/9/2023
4:21:07 PM
5
PRADESH)
38. SURESH PRASAD JHARIYA S/O BHOLA PRASAD
JHARIYA, AGED ABOUT 38 YEARS, OCCUPATION:
GUEST TEACHER R/O MOHRA KHURD POST
SHAHPURA DISTRICT DINDORI 481990 (MADHYA
PRADESH)
39. PRADEEP KUMAR PRAJAPATI S/O SHRI KOMAL
PRASAD PRAJAPATI, AGED ABOUT 28 YEARS,
OCCUPATION: GUEST TEACHER R/O
MEHADWANI POST MEHADWANI TEHSIL
SHAHPURA DINDORI 481672 (MADHYA PRADESH)
40. DEEPAK KUMAR SONWANE S/O SHI MOHARLAL
SONWANE, AGED ABOUT 36 YEARS,
OCCUPATION: GUEST TEACHER R/O WARD NO.6
POUNI BALAGHAT M.P. 481116 (MADHYA
PRADESH)
41. KAVITA SONI D/O SHRI H.S. SONI, AGED ABOUT
30 YEARS, OCCUPATION: GUEST TEACHER R/O
MRIDUL KISHORE COLONY DISTRICT DINDORI
481990 (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI VIDYA SHANKAR MISHRA - ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY SCHOOL EDUCATION
DEPARTMENT VALLABH BHAWAN MADHYA
PRADESH BHOPAL (MADHYA PRADESH)
2. COMMISSIONER / DIRECTOR PUBLIC
INSTRUCTIONS DEPARTMENT MADHYA
PRADESH GAUTAM NAGAR BHOPAL (MADHYA
PRADESH)
3. THE SECRETARY EMPLOYEES SELECTION
B O AR D CHAYAN BHAWAN MAIN ROAD NO.1
CHINAR PARK (EAST ) BHOPAL (MADHYA
PRADESH)
4. DISTRICT EDUCATION OFFICER DISTRICT REWA
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS. PRIYANKA MISHRA - GOVT. ADVOCATE)
Signature Not Verified
Signed by: GEETHA NAIR
Signing time: 8/9/2023
4:21:07 PM
6
This petition coming on for admission this day, th e court passed the
following:
ORDER
The petitioners have filed this petition under Article 226 of the Constitution of India seeking the following reliefs:-
"(i) That, the Hon'ble Court be pleased to allow the petition by quashing the impugned condition No.6 of the advertisement dated 12.01.2023 issued by the respondent No.3 for the appointment over the post of High School Teacher from 50% qualifying marks to 40% qualifying marks;
(ii) To accept the candidature of the petitioners for the Mains Examination of the Teachers Eligibility Test - 2023;
(iii) Issue any other relief, which the Hon'ble Court deems fit in the facts and circumstances of the case, be granted to the petitioners.
Petitioners are aggrieved by the fact that two different qualifying marks are fixed in two sets i.e. eligibility test and selection examination.
Learned counsel for the State has referred to the order dated 30.06.2023 passed i n W.P. No.13393/2023 (Ishwar Deen Prajapati and others vs. State of Madhya Pradesh and others), wherein similar issue has been dealt with and the Court has declined to interfere in the matter and dismissed the writ petition holding that ;-
"A preliminary examination and final examination are the part of one selection process. Whenever the posts are advertised, then in the light of large number of aspirants, the employer generally conducts a preliminary examination to shortlist the number of aspirants and thereafter, it conducts a final examination. Therefore, a preliminary as Signature Not Verified Signed by: GEETHA NAIR Signing time: 8/9/2023 4:21:07 PM 7 well as final examination is a part of same recruitment process whereas in the present case eligibility test has nothing to do with the recruitment process but it merely shortlist the number of candidates, who can appear in the recruitment process for the posts which are advertised at a later stage. Thus, providing for a different minimum qualifying marks in the eligibility test and different qualifying marks in the selection process cannot be said to be violative of Article 14 or 16 of Constitution of India, and it cannot also be said that rules of game have been changed in the midway."
The aforesaid order is squarely applicable to the present case also. In view of Ishwardeen Prajapati (supra), this petition has no merits and is hereby dismissed.
(NANDITA DUBEY) JUDGE gn Signature Not Verified Signed by: GEETHA NAIR Signing time: 8/9/2023 4:21:07 PM