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Judgment
Parties present. These petitions are filed by Assistant Teachers, Senior Teachers, Headmasters and Lecturers challenging the action of the respondents in respect of recruitment on the post of Area Education Officer.
It is submitted that the petitioners are entitled to appear into the recruitment examination for the aforesaid post. The contention of the Assistant Teachers is that they are working since last 24 years in the Department, they have been allowed time bound promotion but because of non-availability of the post of Teachers, they have not been promoted while they are entitled for the promotion on the said post.
It is submitted that the Assistant Teachers after getting two time bound promotions, are at par with the teachers who are eligible to appear in the examination for the aforesaid post.
So far as the Varishth Adhyapak is concerned, it is submitted by the petitioners that they are at par with Adhyapak but they have been deprived to participate in the said recruitment process without assigning any reason.
Third category is of Lecturers who have also challenged the aforesaid process on the ground that for the appointment of Area Education Officer, the Teachers working in Schools run by Local Authorities have been included while appointing authority of Lecturer is State Government and they cannot be treated at par with the Lecturers.
It is also submitted by Shri P.N. Dubey that the recruitment process of Area Education Officer is to be made by the Madhya Pradesh Public Service Commission of a gazetted post and not by the State Government by direct recruitment, so the entire process of recruitment is bad in law.
The another group is of Primary Headmasters who have also challenged the recruitment process on the ground that they have been excluded to participate in the said process.
Shri D.K. Dixit, learned counsel appearing for one set of the groups submitted that the appointment of Area Education Officer is being made by the Divisional Commissioner while it is a gazetted post and ought to have been made by the State Government and not by the Divisional Commissioner.
Apart from above, various other grounds have also been raised by the petitioners.
On the basis of the aforesaid, it is submitted by the petitioners that the recruitment process for which examination is scheduled for 8th September, 2013 may be stayed.
In reply, Shri Samdarshi Tiwari, learned counsel appearing for the State submitted that he has received instructions from the respondents and as per his instructions entire preparation for examination is complete. It is also submitted that the State Government is expecting announcement of dates of election and thereafter Code of Conduct shall be applicable and process cannot be completed by State till completion of elections and prayed that no interim order be issued in the matter.
In W.P. No. 14833/2013 we have considered this aspect and by order dated 02.09.2013 directed thus:--
Shri Ankur Modi, learned counsel for the petitioner.
Shri Samdarshi Tiwari, learned Govt. Advocate for the respondents/State.
Notice on behalf of respondents is accepted by Shri Samdarshi Tiwari, learned Govt. Advocate.
He prays for two weeks time to file reply.
Prayer is allowed.
It is submitted by the learned counsel for the petitioner that only 1771 posts of AEO are vacant for which examinations are scheduled for 4th September, 2013. If before the decision of this petition the aforesaid posts are filled up then the petitioners who are near about 11,000 in the Madhya Pradesh may not get any promotional avenues. It is further submitted that earlier a notification dated 25.7.2013 was published and all the Headmasters of the State are entitled for promotion on the post of BEO but after this notification, there will not be any promotional avenues of the Head Master.
In view of aforesaid, it is directed that the process for filling up of the aforesaid posts of AEO may continue but no appointment order shall be issued till next date of hearing.
Be listed for hearing on 18th September, 2013.
C.C. as per rules.
As the aforesaid identical matter has been directed to be listed for hearing on 18.09.2013, it is directed that the ad-interim writ issued in that case be given effect to in all the cases and the examination scheduled to be held on 08.09.2013 shall be subject to decision in all the pending matters. It is also directed that no appointment orders shall be issued by the respondents till a specific order is passed by this Court.
In all the cases, the State Government is directed to file reply within a period of one week from today.
Office is directed to list all the connected cases for hearing on 18.09.2013. Certified copy to all the parties as per rules.