Mayank Mishra vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:24237
1 WP-8626-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 25 OF AUGUST, 2026
WRIT PETITION No. 8626 of 2025
MAYANK MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shashwat Seth - Advocate for the petitioner.
Mr. Kinjal Shrivastava - Govt. Advocate for the State.
ORDER
The present petition, under Article 226/227 of the Constitution of
India, has been filed by the petitioner seeking following reliefs:-
"7.1. To issue an appropriate writ, order, or direction
directing the respondents to allocate and post the petitioner in
a school under the School Education Department (SED) in
accordance with the petitioner's merit rank, preference, and
the recruitment rules governing the selection process.
7.2. To issue a writ of mandamus or any other
appropriate writ or order quashing and setting aside the
arbitrary allocation of the petitioner to the Tribal Welfare
Department (TWD) school, which is contrary to the
recruitment rules and violates the petitioner's fundamental
rights under Articles 14 and 16 of the Constitution of India.
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/1/2026
10:55:21 AM

NEUTRAL CITATION NO. 2026:MPHC-IND:24237
2 WP-8626-2025
7.3. To direct the respondent authorities to take

immediate steps to reallocate the petitioner to an SED school,
as has been done in the case of a lower-ranked candidate who
belongs to the same category (EWS/X/OP), thereby ensuring
that merit and preference are upheld.
7.4. To direct the respondent authorities to
expeditiously consider and decide upon the pending
representations submitted by the petitioner on 31.03.2023,
24.04.2023 and 25.02.2025, and to provide a reasoned order
justifying their decision in accordance with the principles of
natural justice.
7.5. To declare that the respondents' action in
disregarding the petitioner's merit, preference, and category,
while allocating the posting, is illegal, arbitrary, and violative
of Articles 14 and 16 of the Constitution of India.
7.6. To allow the petition with costs.
7.7. To issue or pass any such orders or direction as
this Hon. Court may deem fit to pass in the matter in hand."
Learned counsel for the petitioner submits that the petitioner had
participated in the selection process for the post of Ucch Madhyamik
Shikshak (History) and had secured Rank 800, whereas a candidate having a
lower rank, i.e. Rank 817, was allocated a post in the School Education
Department. It was, therefore, contended that the petitioner's allocation to the
Tribal Welfare Department was contrary to his merit and preference.
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/1/2026
10:55:21 AM

NEUTRAL CITATION NO. 2026:MPHC-IND:24237
3 WP-8626-2025
It is further submitted that during pendency of the present petition, the

respondents have subsequently considered the grievance of the petitioner
and, vide order dated 11.08.2025, the petitioner has been allocated to the
School Education Department. Pursuant to the aforesaid order dated
11.08.2025, the petitioner has been allocated a post in the School Education
Department. Learned counsel for the petitioner, however, submits that certain
consequential issues arising out of the order dated 11.08.2025, particularly
with regard to treatment of the petitioner as a fresh appointee, fresh
probation, seniority, pay fixation, increments and continuity of service, are
still surviving.
Learned Government Advocate appearing for the State submits that
the subsequent order dated 11.08.2025 has been passed whereby the
petitioner has already been allocated to the School Education Department.
Heard learned counsel for the parties and perused the record.
From the pleadings and the subsequent developments, it is apparent
that the principal grievance raised in the present petition, namely,
allocation/posting of the petitioner in the School Education Department in
accordance with his merit and preference, has subsequently been addressed
by the respondents by issuing the order dated 11.08.2025. Thus, the reliefs
originally sought in the present petition concerning allocation of the
petitioner from the Tribal Welfare Department to the School Education
Department have, in view of the subsequent development, worked
themselves out.
At the same time, this Court finds that the petitioner has raised certain
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/1/2026
10:55:21 AM

NEUTRAL CITATION NO. 2026:MPHC-IND:24237
4 WP-8626-2025
consequential grievances arising from the order dated 11.08.2025,

particularly regarding the manner in which his service is to be treated after
his allocation to the School Education Department.
The petitioner has already instituted W.P. No. 34266 of 2025, wherein
the subsequent order dated 11.08.2025 and the consequential conditions
attached thereto have been called in question. The grievance relating to
continuity of service, seniority, pay protection, increments, probation and
other consequential service benefits is thus the subject matter of the said
subsequent proceedings.
In view of the subsequent development and the fact that the petitioner
has already been allocated to the School Education Department, no further
adjudication is required in the present petition with regard to the relief of
allocation/posting.
Accordingly, the present writ petition is disposed of as having been
rendered infructuous, so far as the relief regarding allocation/posting of the
petitioner in the School Education Department is concerned.
No order as to costs.
(MILIND RAMESH PHADKE)
JUDGE
pwn*

Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 9/1/2026
10:55:21 AM