Smt. Raj Kumar i Mishra vs State and Others

Rajendra Menon, Judge

Petitioner was a candidate, who had applied for appointment to the post of Multipurpose Health Worker. The Minimum qualification for appointment to the said post was High School Passed Certificate. On the ground that the petitioner has not obtained the aforesaid qualification from the Board of Secondary Education but has obtained the qualification from the M.P. State Open School Bhopal, her candidature was rejected.

Challenging the aforesaid action and contending that the certificate issued to the M.P. State Open School Board is valid, this writ petition is filed.

The controversy involved in this writ petition has already been considered and decided by a bench of this Court in W.P.No. 12603/2010 (Anju Tiwari Vs. State of M.P. & Others). In the said case, the matter has been decided and subsequently in W.P.No. 13038/2010(s) (Smt. Guddi Devi Ahirwar & Others Vs. State of M.P. & Others) Annexure-P7, following the principles laid down in the case of Anju Tiwari (Supra), similar petition has been allowed and holding that the qualification similar in nature acquired from the M.P. State Open School Board is valid for participating in the examination, respondents were directed to take steps for appointment of the candidates based on their merit in the selection process.

Keeping in view the aforesaid, there no reason now for taking a different view in the matter, as the qualification acquired by the petitioner from the M.P. State Open School Board, Bhopal is valid. Accordingly, this petition is allowed, treating the petitioner to be fulfilled the requisite qualification as has been obtained from the M.P. State Open Board, respondents are directed to appoint the petitioner in accordance with rule and on the basis of the merit of the petitioner in the selection process.

With the aforesaid, petition stands allowed and disposed of. Certified Copy as per rules.