PRATIBHA SHUKLA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In both the intra court appeals, a common issue is involved therefore, they are being disposed of by a common order.

(2.) The appellants are working as Adhyapak/Sahayak Adhyapak and were given additional charge of the post of Warden. They filed writ petitions challenging the condition No.8 incorporated in the advertisement for selection on the post of warden, wherein it has been provided that the existing hostel wardens who have completed 3 years of period on the said post shall not be given the charge of the said post for next 3 years.

(3.) The facts are noted from W.A.No.917/2018 (Smt.Pratibha Shukla Vs. Union of India and others). The appellant was working as a teacher/Adhyapak. She was assigned the charge of warden on the recommendation of the Collector under the scheme known as "Kastoorba Gandhi Balika Vidya Yojna". The said scheme was introduced by the State Government as it was found that in various places only primary schools are situated and there is no facility of middle school as well as High School. The parents are unable to provide higher education in middle school or high school to the girls. Therefore, the Government framed the aforesaid scheme for residential school for girls. These schools are run by the Rajya Shiksha Kendra. According to Clause-2 of the scheme, the same is applicable in 47 districts in the State of Madhya Pradesh except in districts Raisen, Datiya ,Narsinghpur and Shajapur. In 207 blocks , which are backward in regard to the education, the scheme "Kasturba Gandhi Balika Vidyalaya" was implemented and the procedure was prescribed for establishment of Kasturba Gandhi Balika Vidyalaya by method of selection. Rajya Shiksha Kendra issued directions for running of Kasturba Gandhi Balika Vidyalaya and also issued instructions for appointment of warden and Shiksha Sah Sahayak Warden(women). The appellant was holding substantive post of Adhyapak and she was given only additional charge of the post of warden and now after completion of the term, an advertisement has been issued for fresh selection of the post of warden. Being aggrieved with Condition No.8 of the advertisement which has prescribed that the existing hostel wardens who have completed the period of 3 years would not be given the charge of the post of warden for next 3 years, the petitions were filed which have been dismissed by the impugned orders.