Madhya Pradesh High Court
Machlesh Kumar Chorwade vs The State Of Madhya Pradesh on 16 November, 2022
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 16th OF NOVEMBER, 2022
WRIT PETITION No. 19709 of 2015
BETWEEN:-
1. MACHLESH KUMAR CHORWADE S/O SHRI
RAMPRASAD CHORWADE, AGED ABOUT 28
YEAR S, WARD NO. 6, GRAM LANJI, TEHSIL
LANJI, DISTRICT BALAGHAT (MADHYA
PRADESH)
2. CHHAYA ADE W/O BHUVAPRASAD ADE, AGED
ABOUT 35 YEARS, R/O. WARD NO. 13, GRAM
CHICHOLI, POST OFFICE ATRI, TEHSIL KHAI
LANJI, (MADHYA PRADESH)
3. KHUSHYAL CHAND GOLE S/O ESHWARDAYAL
GOLE, AGED ABOUT 39 YEARS, R/O. WARD NO. 5
GRAM DHAPERA, POST OFFICE MOHGAON,
TEH. LALBURRA (MADHYA PRADESH)
4. KAMAL BISEN S/O SHRI RAMLAL BISEN, AGED
ABOUT 41 YEARS, R/O. WARD NO. 5 GRAM
KALPATHRI POST OFFICE PATHERGAON, TEH.
LANJI (MADHYA PRADESH)
5. TULENDRA NAKTODE S/O SHRI LIKHIRAM
NAKTODE, AGED ABOUT 32 YEARS, R.O. WARD
NO. 4, GRAM TEDWA, P.O. BHANEGAON, TEH.
LANJI (MADHYA PRADESH)
6. SANDEEP CHOUDHARY S/O SHRI KESHORAY
CHOUDHARY, AGED ABOUT 27 YEARS, R/O.
WARD NO.3, GRAM MENKEDI, P.O. MENKEDI,
TEH. WARASEONI, (MADHYA PRADESH)
7. REENA JAYTWAR W/O PRAVEEN JAYTWAR,
AGED ABOUT 28 YEARS, R/O. WARD NO. 8,
GRAM MANKEDI, P.O. MENKEDI, TEH.
WARASEONI (MADHYA PRADESH)
8. SANJAY SINGH RAHANGDALE S/O INDAL
SINGH, AGED ABOUT 33 YEARS, R/O. WARD NO.
13, GRAM KATANG JHARI, TEH. LALBURRA,
(MADHYA PRADESH)
Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 11/22/2022
2:30:27 PM
2
9. TUMESHWARI PARADHI W/O EVAK RAM, AGED
ABOUT 30 YEARS, R/O. WARD NO. 5 GRAM
ANSERA, P.O. ANSERA TEH. WARASEONI
(MADHYA PRADESH)
10. DUSHYANT KUMAR PAWAR S/O RAMVILAS
PAWAR, AGED ABOUT 29 YEARS, R/O. WARD
NO. 4, GRAM KHANPURA, P.O. NANDGAON,
TEH. NASIRULLAGANJ (MADHYA PRADESH)
11. AASHEESH KUMAR PAWAR S/O RAMESH
CHANDRA PAWAR, AGED ABOUT 30 YEARS,
R/O. GRAM SOYAT POST OFFICE. SOYAT, TEH.
RATHI (MADHYA PRADESH)
12. LILENDRA KUMAR PATLE S/O ASHA RAM
PATLE, AGED ABOUT 29 YEARS, R/O. WARD NO.
13, GRAM VARUD, P.O. SIRPUR, TEH. KATANGI
(MADHYA PRADESH)
13. RUSIRAM DARWARE S/O RAMCHAND
DARWARE, AGED ABOUT 42 YEARS, R/O. WARD
NO. 15, GRAM KATANGTOLA, P.O. TEMRI, TEH.
KIRNAPUR (MADHYA PRADESH)
14. ABDUL KLEEM KHAN SIDDIQUI S/O ALEEM
KHAN SIDDIQUI, AGED ABOUT 43 YEARS, R/O.
AT POST BAGHOLI (LA),TEH. LALBURRA
(MADHYA PRADESH)
15. SUNIL KUMAR S/O PURAN SINGH, AGED ABOUT
27 YEARS, R/O. VILLAGE LASUDLIYA-SUKHA,
P.O. NIPANIYAKALA, TEH. ASHTA, (MADHYA
PRADESH)
16. DHANESHWAR DAS DASHRIYE S/O MAHADAS
DASHRIYE, AGED ABOUT 36 YEARS, R/O. WARD
NO. 14, GRAM DHIGORI, P.O. AMEDA, (MADHYA
PRADESH)
17. RAJENDRA KUMAR PATLE S/O MULCHAND
PATLE, AGED ABOUT 36 YEARS, R/O. GRAM
SELVA, P.O. SELVA, TEH. KATANGI (MADHYA
PRADESH)
.....PETITIONER
(BY SMT. SHOBHA MENON, LEARNED SENIOR COUNSEL WIHT
SHIR BHARAT SINGH BEDI, LEARNED COUNSEL FOR THE
PETITIONERS )
Signature Not Verified
Signed by: MANOJ NAIR
Signing time: 11/22/2022
2:30:27 PM
3
AND
1. THE STATE OF MADHYA PRADESH ITS
SECRETARY SCHOOL EDUCATION
DEPARTMENT VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. THE COMMISSIONER RAJYA SHIKSHA
KEN D R A PUSTAK BHAWAN, B-WING ARERA
HILLS BHOPAL (MADHYA PRADESH)
3. SECRETARY THE MADHYA PRADESH
PROFESSIONAL EXAMINATION BOARD
CHAYAN BHAWAN, MAIN ROAD, NO. 1, CHINAR
PARK EAST BHOPAL (MADHYA PRADESH)
4. DISTRICT EDUCATION OFFICER SCHOOL
EDUCATION DEPARTMENT DISTRICT
BALAGHAT (MADHYA PRADESH)
5. DISTRICT EDUCATION OFFICER SCHOOL
EDUCATION DEPARTMENT DISTRICT SEOHRE
(M.P.) (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUBODH KATHAR, GOVERNMENT ADVOCATE )
This petition coming on for admission this day, th e court passed the
following:
ORDER
This order shall also govern the disposal of W.P. No.12468/2017. For the sake of convenience the facts of W.P. No.19709/2015 are being taken note of.
The petitioners has filed this petition while praying for following reliefs:-
i) to issue appropriate wirts/orders setting aside second phase advertisement of Samvida Shala Shikshak Grade-III, to the extent, it depicts OBCs vacant seat in the State of Madhay Pradesh in particular District Balaghat and Sehore as zero and hold it as illegal and arbitrary.Signature Not Verified Signed by: MANOJ NAIR Signing time: 11/22/2022 2:30:27 PM 4
ii) to issue a writ of mandamus or such other writ, directing respondents to identify actual unfilled prescribed vacant posts available for the OBCs category in the State of Madhay Pradesh (in particular District Balaghat & Sehore) in terms of provisions of Section of Act of 1994, as also Annexure/P-4.
iii) to issue appropriate writs/orders directing respondents, to take into consideration actual unfilled vacant posts of Samvida Shala Shikshak Grade-III and to consider petitioners against such vacant posts.
And/Or
iv) to issue appropriate writs/orders directing respondents to grant age relaxation in upcoming Eligibility Test of Samvida Shala Shikshak Grade-III.
v) to grant any other order deemed just and proper in the facts and circumstances of the case.
vi) to award cost of the petition.
It is averred in the petition that the petitioners herein who belong to Other Backward Classes, participated in the process of selection against the post of Samvida Shala Shikshak Grade-III. Upon the completion of selection process, though the petitioners had successfully scored qualifying marks but were not included in the selected list. Only two of the petitioners namely Shri Machlesh Kumar Chorwade and Shri Dhaneshwar Dashriya were included in the waiting list. The appointments against as many as 58,000 posts of Samvida Shala Shikshak Grade-III were to be made and in terms of Section 4 of M.P. Lok Signature Not Verified Signed by: MANOJ NAIR Signing time: 11/22/2022 2:30:27 PM 5 Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (Annexure-P/2), the respondents ought to have filled up 14% posts from amongst the candidates of OBCs category. It is also averred in the petition that 14% of 58,000 posts comes to 8120 posts and as per, the subsequent communication dated 29.08.2012 (Annexure-P/4) according to the respondents, the selections were made for 49,859 posts, therefore, 14% of which, comes to 6980 posts. In contrast to above, the respondents filled up only 6081 posts, therefore, seeking quashment of second phase of advertisement for the appointment against the post of Samvida Shala Shikshak Grade-III benefit of appointment has been sought, so far as the same depicts OBCs vacant seats in the State, in particular District Balaghat and Sehora is zero. It is further prayed that the respondents be directed to identify actual unfilled vacant posts meant for OBCs category candidates and then to consider the petitioners name against such vacant posts.
Learned Senior counsel for the petitioners contends that in the present case, as per the advertisement issued by the respondents (Annexure-P/3), the total posts of Samvida Shala Shikshak, Grade-III were mentioned as 58,000 and the 14% of 58000 posts is 8120 posts. It is further contention of the petitioners that even if it is assumed that the respondents on the strength of Annexure-P/4 dated 29.08.2012 proceeded to fill up total 49,859 posts even 14% of that figure comes to 6,980 posts. It is contended by the counsel for the petitioner that in the present case, the respondents are guilty of violation of the provisions of Rule 6 (vi) of M.P. Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 which were applicable and prevalent at the relevant time. It is the further contention of learned counsel for the petitioner that in terms of Section 4 of M.P. Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Signature Not Verified Signed by: MANOJ NAIR Signing time: 11/22/2022 2:30:27 PM 6 Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994, the respondents are duty bound to provide reservation to the extent of 14% to the Other Backward Classes and non-adherance to the aforesaid statutory provisions would be hit by the provisions laid down in Article 16 of the Constitution of India. It is contended by learned Senior counsel for the petitioners that the present petitioners had qualified the exams and therefore, their name ought to have been considered for appointment against the post of Samvida Shala Shikshak Grade-III. It is also contended by the counsel for the petitioner that the respondents issued another advertisement at second stage (Annexure-P/9) in which, though the respondents proposed to fill up 24,629 vacancies of a Samvida Shala Shikshak Grade-III, but in column-4 of the table produced in said advertisement, the OBCs seats were shown as zero. In the submission of counsel for the petitioners, again this Annexure-P/9 was also contrary to the statutory provisions contained in Adhiniyam, 1994. It is also contended by the counsel for the petitioner that the respondents have again issued an advertisement in the month of October, 2022 and without ensuring compliance of filling of the 14% vacancies by the candidates of Other Backward Classes, the respondents are debarred from initiating the fresh process, therefore submits that the petition deserved to be allowed.
Per contra, learned counsel for the respondents submits that in the present case, the total number of vacant posts were 49,859 and out of total posts of 49,859, the appointment were made for 46,935 posts. It is further contended by the counsel that for District Balaghat, out of 600 posts, 470 posts were for appointment under the Panchayat and 130 posts were for appointment under the Municipal Bodies, therefore, the contention of the petitioners that all Signature Not Verified Signed by: MANOJ NAIR Signing time: 11/22/2022 2:30:27 PM 7 600 posts of Balaghat were not filled is misconceived. It is submitted by the counsel for the respondents that leaving apart the posts earmarked for Municipal Bodies, the selections were made for remaining 46,935 posts and 14% of 46,935 posts comes to 6,081 posts of OBCs category. It is further contended by counsel for the respondents that all 6,081 posts were filled up during the first round itself and accordingly, in the second round of the process (Annexure-P/9), the OBCs seats were shown as zero inasmuch as, none of the OBCs seats were remained vacant.
Learned counsel for the respondents while taking this Court to paragraph nos.13 and 15 of the petition submits that the present petition is misconceived. It is further contention of the respondents that the process which was initiated on the strength of advertisement has completed long back and even, inclusion of name of two petitioners in the waiting list also is of no consequence inasmuch as, the waiting list has already outlived its utility and therefore, submits that the present petition deserves to be dismissed.
Having heard rival submission, it is not in dispute that the present petition pertains to a process which was initiated on the strength of advertisement (Annexure-P/3) in the year, 2011. It is also undisputed that vide order / circular dated 29.08.2012 (Annexure-P/4), it was decided by the State that total 49,859 posts of Samvida Shala Shikshak Grade-III are to be filled up.
A perusal of this order / circular dated 29.08.2012 (Annexure-P/4) is relevant for the purposes of the instant matter. The Clause-5 of this circular, reveal that, the State Government took a decision only to fill up the vacancies which were in rural areas and, therefore, directed that leaving aside the posts which were meant for the urban areas, the appointment of the posts which fall within the Janpad Panchayat areas be made.
Signature Not Verified Signed by: MANOJ NAIR Signing time: 11/22/2022 2:30:27 PM 8The circular dated 29.08.2012 (Annexure-P/4) is reproduced herein:-
dze kad ,Q 1&43@2012@20&1 Hkksiky] fnukad 29@8@12 izfr] 1- leLr dysDVj] 2- leLr eq[ ; dk;Zikyu vf/kdkjh] ftyk iapk;r] 3- leLr vk;qDr] uxj fuxe] 4- leLr ftyk f'k{kk vf/kdkjh] 5- leLr lgk;d vk;qDr@ftyk la;kstd vkfnoklh fodkl foHkkx] 6- leLr eq[ ; uxjikfydk vf/kdkjh] uxjikfydk@uxj iapk;r] e/;izns'kA fo"k;%& lafonk 'kkyk f'k{kd Js.kh &3 ds fjDr inksa dk vuqe ksnu mijkUr Lej.kA e/;izns'k iapk;r lafonk 'kkyk f'k{kd¼fu;kstu ,ao lafonk dh 'krsZ½ fu;e] 2006¼la'kks/ku fnukad 27 twu 2011 lfgr½ rFkk e/;izns'k uxjh; fudk; lafonk 'kkyk f'k{kd ¼fu;kstu ,ao lfoank dh 'krsZ½ fu;e] 2005¼la'kkks/ku fnukad 22 twu 2011 lfgr½ ds fu;e 4¼1½ ds rgr dysDVj dh v/;{krk esa xfBr lfefr }kjk izkIr x.kuk ,ao ,T;wds'ku iksVZYk esa nh xbZ tkudkjh ds vk/kkj ij izns'k esa Ldwy f'k{kk foHkkx ,ao vkfnoklh fodkl foHkkx esa vkj-Vh-bZ ekin.M vuqlkj 49859 fjDr inksa dh iwfrZ lafonk 'kkyk f'k{kd Js.kh&3 ls dh tkuk gSA ftysokj fjDr inksa dk fooj.k ifjf'k"V& vuqlkj ftys ds uke ds lEeq[ k fd;k x;k gSA ifjf'k"V&1 vuqlkj miyC/k djk;s tk jgs fjDr inks ds vk/kkj ij lafonk 'kkyk f'k{kd Js.kh&3 ds fu;kstu ds laca/k esa fuEufyf[kr vuqlkj dk;Zokgh dh tk,& 1- lafonk 'kkyk f'k{kdksa ds bu inksa dh HkrhZ ds fy, fu;e 2005 ¼v|ru la'kks/ku½ rFkk bl laca/k esa tkjh fofHkUu ifji=ksa esa of.kZr funsZ'k dk ikyu djrs gq, miyC/k djk;s tk jgs lh/kh HkrhZ ds fjDr inksa dk fpUg~kdau fudk;okj] vkj{k.kokj ,oa fo|ky;okj dj fy;k tk,A 2- dafMdk &1 esa of.kZr fjDr inksa ds fpUg~kadu dh dk;Zokgh ftyk dysDVj dh v/;{krk esa eq[ ; dk;Zikyu vf/kdkjh tuin iapk;r] uxjh; fudk; ds vk;qDr uxjikfydk fuxe] eq[ ; uxjikfydk vf/kdkjh] uxjikfydk ifj"kn@uxj iapk;r ;Fkk fLFkfr½ ftyk f'k{kk vf/kdkjh ,oa lgk;d vk;qDr vkfnoklh fodkl@ftyk la;kstd vkfne] tkfr dY;k.k foHkkx }kjk dh tkosxhA ftyk f'k{kk vf/kdkjh leUo; dk dk;Z djsxsaA fjDr inksa okyh fpUg~kafdr 'kkykvksa dh lwfp;ksa ij ftyk dysDVj dk vuqe ksnu izkIr dj vfHkys[ k ds fy, lqjf{kr j[ksxsaA 3- layXu ifjf'k"V&,d vuqlkj lafonk 'kkyk f'k{kd Js.kh&3 varxZr 49859 rFkk Ldwy f'k{kk foHkkx varxZr lafonk 'kkyk f'k{kd Js.kh&3 iz;ksx'kkyk ds fy, 1873 fjDr in miyC/k djk;s tk jgs gS tks lafonk 'kkyk f'k{kk Js.kh 3 dh lh/kh HkrhZ ds gSA ftudk mYys[ k ftysokj uke ds lEeq[ k ifjf'k"V 2 eas fd;k x;k gSA 4- ftyksa ds fy, Lohd`r fd;s x;s inksa ds ;fn de inks dh vko';drk gS rks Lohd`r inks esa ls mruh la[ ;k esa inks dks de djds fu;kstu dh dk;Zokgh dh tk;sA 5- o"kZ 2012&2013 esa lafonk 'kkyk f'k{kd Js.kh&3 ds fjDr inksa dh iwfrZ dsoy xzkeh.k {ks=ksa esa fd;s tkus dk fu.kZ; fy;k x;k gSA vr% uxjh; fudk;ksa ds fjDr inksa dks de djrs gq, dsoy tuin iapk;r varxZr fjDr inksa dh iwfrZ ds laca/k esa dk;Zokgh dh tk,A 6- vkids ftys ds fy, vuqe ksfnr inksa dk fudk;okj ,oa ftys ds fy, fu/kkZfjr vkj{k.k jksLVj vuqlkj inksa dk vkj{k.k ,oa fu%'kDrtuksa ds fy, fo"k;okj inksa dk fpUgkadu dj rRdky tkudkjh 'kklu ds vkns'k dze kad ,Q 01&49@2011@20 fnukad 10-01-2012 esa mYysf[kr funsZ'k ds vuqlkj foKkiu ds fu/kkZfjr izk:i esa fpUg~kfdar laLFkokj fjDr inksa dh ftys dh ,dtkbZ tkudkjh dh lkQ~V@gkMZ dkih vk;qDr yksd f'k{k.k dks vfuok;Z :i ls miyC/k djkuk lqfuf'pr fd;k tk,A 7- fjDr inksa dks Hkjus ij bl foRrh; o"kZ ds 'ks"k ekgks esa tks O;; Hkkj vkosxk mldk izko/kku ctV esa lfEefyr dj LFkkuh; fudk;ksa ,oa iapk;rksa dks vuqnku ds :i esa lacaf/kr foHkkxksa }kjk miyC/k djk;k tk;sxkA Signature Not Verified Signed by: MANOJ NAIR Signing time: 11/22/2022 2:30:27 PM 9 layXu% ifjf'k"V&1 ,oa 2 voj lfpo e-iz-'kklu] Ldwy f'k{kk foHkkx In terms of circular dated 29.08.2012, as per the stand of the respondents, the posts which were earmarked for Municipal Bodies were excluded and the selections were made for remaining 46,935 posts, which were under the Panchayat areas and in paragraph no.15, the respondents have also categorically stated that the total filled up posts of OBCs category were 6,081 posts which is approximately 14% of the total 46,935 posts. The return filed by the respondents has not been controverted by the petitioners by filing any rejoinder.
A perusal of paragraph nos.13 and 15 of the return shows that in terms of circular dated 29.08.2012, the respondents proceeded to fill up total 46,935 posts and have also filled up 6,081 posts of OBCs category which is approximately 14% of the total posts and this fact having not been rebutted by the petitioners, is treated to be admitted.
Moreover, undisputedly the process was initiated in 2011 and has also completed long back. Even, the validity of waiting list (Annexure-P/8) is also does not survive any further.
In view of the aforesaid, in the considered view of this Court, this Court does not find any substance in the present petition.
Accordingly, the petition being devoid of merit, deserves to be and is hereby dismissed.
No orders as to cost.
(MANINDER S. BHATTI) Signature Not Verified Signed by: MANOJ NAIR Signing time: 11/22/2022 2:30:27 PM 10 JUDGE mn Signature Not Verified Signed by: MANOJ NAIR Signing time: 11/22/2022 2:30:27 PM