SHAILESH KUMAR SAHU Vs. STATE OF M P

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the constitutional validity of sub-rule (9) of Rule 6 of Madhya Pradesh Nagriya Nikay Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005.

(2.) According to the petitioner, he along with others applied for his appointment as Samvida Shala Shikshak, but he was not given the weightage for his teaching experience and contrary to sub-rule (9) of Rule 6, of 2005 Rules, the respondent No.4 came to be appointed.

(3.) The submission made by learned counsel for the petitioner is that though Rule 6 sub-rule (9)(b) provides that a maximum of 15 marks shall be awarded for teaching experience in any school and for experience of one, two and three years; 05, 10 and 15 marks shall be awarded respectively, but the Government by adding an 'Explanation' to it has confined the teaching experience of any school to the teaching experience of the schools which are well described in the 'Explanation'.