Smt. Sarla Verma vs State

Rajendra Menon, Judge

The petitioner has filed this writ petition and is aggrieved by the action of the respondents in fixing the cut-off mark for recruitment to the post of "Guruji". It is a case of the petitioner that under M.P. Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 the minimum marks fixed for General candidates is 40% and for other categories is 30%. However, contrary to the same vide Circular dated 26.9.2008, the minimum qualifying marks has been fixed for General Category -50% and 40% for reserved category, contrary to the requirement of statutory rules. This Circular dated 26.9.2008 is already quashed by a Division Bench of this Court in W.P. No. 6268/2009 and various other cases.

In view of the aforesaid orders passed, petitioner''s case is now required to be considered on the basis of stipulations as contained in Rule 6(5) of the original rules of 2005 and action taken in the light of the order passed by a Division Bench and the subsequent order passed by the learned Single Judge of this Court on 9.9.2009 in W.P. No. 1515/2009 (s) respondents are directed to consider the case of the petitioner also in accordance with Rule 6(5) of the Rules of 2005 and take a decision with regard to appointment of Samvida Shala Shikshak Grade III and communicate the decision to the petitioner within a period of 30 days from the date of receipt of certified copy of this order.

Petition stands allowed to the extent indicated herein above without any order as to cost. c.c. as per rules.