Madhya Pradesh High Court
Dr. Amol Soley vs The State Of Madhya Pradesh on 26 June, 2023
Author: Sheel Nagu
Bench: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 12150 of 2023
(DR. AMOL SOLEY AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
WP/12171/2023, WP/12221/2023, WP/12223/2023, WP/12458/2023, WP/12477/2023,
WP/12665/2023, WP/12674/2023, WP/12983/2023, WP/13571/2023, WP/14222/2023
Dated : 26-06-2023
S h ri K.C.Ghildiyal Senior Advocate with Shri Amit K.Chaturvedi,
Shrikant Mishra, Ms.Pooja Gupta, Shri Saurabh Kumar Soni, Shri Rajmani
Singraul, Ms.Rubi Haldkar and Shri Akash Singhai- counsel for the
petitioners.
Shri Vivek Sharma- Deputy Advocate General for the State.
Learned counsel for the rival parties are heard on question of admission
and interim relief prayed for.
Petitioners contend that they have already cleared Teacher Eligibility Test
a s defined under Rule 2(s) of Madhya Pradesh School Education Service
(Teaching Cadre) Service Conditions and Recruitment Rules, 2018 [hereinafter
referred to as the "2018 Rules"] (Annexure-P/1). Thereafter, for purpose of
appointment through direct recruitment the petitioners are now required to be
subjected to selection process prescribed by Rule 12 of 2018 Rules. However,
it is submitted that petitioners' claim for consideration of appointment to the
post by direct recruitment is being declined on the ground that petitioners are
over aged.
Learned counsel for the petitioners rely upon the relaxation given by
Executive Instructions of the State Government dated 18.9.2022 whereby
candidates were allowed relaxation upto 31-12-2023 due to Covid-19 pandemic.
However, the counsel for State referring to paragraph 5 of the Return
submits that this relaxation by the State is merely a one time measure. It is
Signature Not Verified
Signed by: RAJESH
MAMTANI
Signing time: 28-06-2023
12:26:42
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submitted that petitioners have already availed this relaxation while appearing in
the Eligibility Test in 2018/2020/2022/2023.
Thus, the moot question in this petition is as to whether the Teacher
Eligibility Test can alone be treated to be recruitment process for appointment
to direct recruitment on the post in question or the Teacher Eligibility Test
alongwith recruitment process, to which, petitioners are now being subjected to
vide advertisement (Annexure-P/10) is the recruitment for deciding the
applicability of the executive instructions dated 18.9.2022?
The question being debatable and to prevent the right of the petitioners
from going abegging it would be appropriate to grant interim relief to the
petitioners.- It is hereby directed by way of interim relief that candidature of the
petitioners for appointment to the post in question shall be considered ignoring
the bar of maximum age, provided that petitioners are otherwise eligible to be
considered as per recruitment rules.
T h e petitioners shall not claim any equity from this order and
respondents shall not declare the result without the leave of this Court.
List after three weeks.
(SHEEL NAGU) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
RM
Signature Not Verified
Signed by: RAJESH
MAMTANI
Signing time: 28-06-2023
12:26:42