HEMWATI Vs. STATE OF M.P

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the refusal by the respondents to accept the joining of the petitioner on the post of Samvida Shala Shikshak Class-III. It is submitted by the petitioner that he is having D.Ed. (Diploma in Elementary Education) from Bhartiya Shiksha Parishad, Uttar Pradesh, but the respondents have not accepted the said Diploma and, therefore, the present petition has been filed, seeking the following reliefs:-

(2.) The necessary facts for the disposal of the present petition in short are that in the year 2012 an advertisement was issued for filling up the posts of Samvida Shala Shikshak Class-III and the eligibility test was conducted. The petitioner was declared qualified. The petitioner has obtained D.Ed. Course from Bhartiya Shiksha Parishad, Uttar Pradesh, however, the respondents did not accept the said Diploma as a valid one, accordingly, the petitioner was not given appointment. Later on, a writ petition was filed by similarly placed persons which was allowed by this Court by order dated 30/11/2013 with the following directions:-

(3.) It is submitted by the counsel for the petitioner that by order dated 30/01/2019 the respondents have appointed Mahesh Singh Chauhan and Rajveer Singh Chauhan in view of the order dated 20/07/2018 passed by this Court in Writ Petition No.7372 of 2018. It is further submitted that the case of the petitioner is identical to that of two persons, who have been given appointment. Accordingly, the petitioner has made a representation to the respondents, but no decision has been taken. It is further submitted that a coordinate Bench of this Court by order dated 12/09/2017 passed in the case of Vijay Sharma and Another v. State of MP and Others (Writ Petition No.701/2017) and by order dated 20/07/2018 passed in the case of Vineet Sharma and Others v. State of MP and Others (Writ Petition No.7372/2018) has permitted the candidates to acquire D.Ed./B.Ed. qualification from the institution recognized by NCTE.