PINKY SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner, by means of this petition filed under Article 226 of the Constitution of India, is seeking quashing of communication dtd. 9/8/2024 (Annexure-P/1) whereby she has been denied joining on the ground that she does not have the requisite qualification to be appointed as a Middle School Teacher (English).

(2.) Learned counsel for the petitioner has submitted that despite the petitioner's selection vide order dtd. 30/11/2022 (Annexure-P/7) on the post of Middle School Teacher (English), she is not being allowed to join on the said post saying that she does not have the requisite qualification prescribed on the date of advertisement. It is contended that the petitioner fulfills all the requisite qualification and as such, the reason assigned in the impugned communication dtd. 9/8/2024 (Annexure-P/1) is improper and contrary to law.

(3.) On the other hand, learned Government Advocate has submitted that on 18/2/2019, an amendment has come in the respective rules known as Madhya Pradesh Tribes and Scheduled Castes Teaching Cadre (Service and Recruitment) Rules, 2018, wherein the requisite qualification for the post of Middle School Teacher (English) has been prescribed which reads as under:-