SMT. USHA DWIVEDI Vs. STATE & ORS.

JUDGEMENT

(1.) PETITIONER was initially appointed as Shiksha Karmi under the Education Guarantee Scheme. Subsequently, the post was re -designated as 'Guruji'. Order Annexure -P1 is the appointment order of the petitioner. It is seen from the records that a decision was taken by the State Government to appoint Guruji. Instructors and Supervisors on the post of "Samvida Shala Shikshak Grade -III" and it was also decided to conduct an examination for appointment of the Shala Shikshak Grade -III amongst the Guruji, Instructors and Supervisors in accordance with the provisions contemplated under the M.P. Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005. The rules stipulated a condition to the effect that a candidate to be entitled for appointment and qualifying the selection process should possess 40% marks for each section/paper in case, he belongs to the General Category and 30% marks for each section/paper in case he belongs to the Reserved Category. Inspite of the fact that the statutory rule prescribed the minimum qualifying marks to be obtained, State Government issued a circular on 26.9.2008 prescribing certain qualifying marks i.e. 50% marks for each section/paper for General Category and 40% marks for each section/paper in case he belongs to the Reserved Category. This circular dated 26.9.2008 has been quashed by a Division Bench of this Court in W.P.No. 6268/2009 and various other cases as is evident from order dated 24.8.2009 and subsequently in W.P.No. 362/2010(s) on 11.1.2010. In view of the aforesaid orders passed, petitioner's case is now required to be considered on the basis of stipulation as contained in Rule 6(5) of the original rules of 2005 and action taken in the light of the order passed by a Division Bench and the subsequent order passed by the learned Single Bench of this Court on 11.1.2010 in W.P.No. 362/2010(s). Respondents are directed to consider the case of the present petitioner also in accordance with Rules 6(5) of the Rules 2005 and take a decision with regard to appointment of Samvida Shala Shikshak Grade -III and communicate the decision to the petitioner within a period of 30 days' from the date of receipt of certified copy of this order. Petition stands allowed to the extent indicated hereinabove without order so as to cost.

(2.) CERTIFIED Copy as per rules.