RAJMAL RATHORE Vs. STATE OF M P

JUDGEMENT

(1.) REGARD being had to the similarity in the controversy involved in the present bunch of cases they were heard analogously together and by a common order all the writ petitions are being disposed of by this court. Facts of WP NO. 9301 / 2010 are stated as under :

(2.) THE petitioner before this court has filed this present petition being aggrieved by an advertisement dt. 24/5/10. THE contention of the petitioner is that they are working as Samvida Shala Shikshak, Grade III and they were appointed after facing a process of selection as provided under the provisions of M.P. Panchayat Shiksha Karmi (Recruitment & Conditions of Service) Rules, 1998. Petitioners have further stated that they were confirmed also on the post of Shiksha Karmi and later on the designation of Shiksha Karmi was changed to Sahayak Adhyapak. It is pertinent to note that some of the teachers in other identical cases are Asstt. Teachers working in the School Education Department of the State of MP. THE contention of the petitioner is that the State Government has enacted M.P. Jan Shiksha Adhiniyam, 2002 and thereafter Rules have been framed under the Adhiniyam of 2002 known as MP Jan Shiksha Niyam, 2003. THE petitioners have further stated that Rule 13 of the aforesaid Rules provides for appointment of Jan Shikshak and the following qualifications have been prescribed for the post of Jan Shikshak under the Rules of 2003. 13. Jan Shikshak :

(3.) IN the present case the MP Jan Shiksha Adhiniyam 2002 has been enacted to translate the Constitutional vision of the right of every child to access elementary education of quality and to provide for decentralised planning and participatory management of elementary and adult education redefining roles and creating institutions sensitive to the needs of quality education for all. The State Government has established various Jan Shiksha Kendra under the Adhiniyam of 2002. The Adhiniyam also defines a Teacher u/S. 2(k) and the same reads as under :