Bal Krishna Sharma vs State Of M.P.

NEUTRAL CITATION NO. 2026:MPHC-GWL:9270
1 WP. No.
2546 of 2008
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
th
ON THE 13 OF MARCH, 2026
WRIT PETITION No. 2546 of 2008
BAL KRISHNA SHARMA
Versus
STATE OF M.P. AND OTHERS
Appearance:
Shri Anil Sharma – counsel for petitioner.
Shri G. K. Agarwal– Government Advocate for respondent/State.
ORDER
This petition, under Article 226 of the Constitution of India, has been filed
seeking the following reliefs:-
"The petitioner, therefore, most humbly prays that
this Hon’ble Court may kindly be pleased to allow
this petition and thereby issuing a writ of
mandamus / orders thereby quashing the impugned
order as contained in Annexure P/1 and promote
the petitioner on the post of Head Master, Middle
School. Alternately, the respondents may kindly be
directed to promote the petitioner over and above
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 3/16/2026
2:46:59 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:9270
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the respondents. To pass such other further order
(s) deemed fit and proper in the interest of justice.
Cost may also be awarded."
2. Learned counsel for the petitioner submitted that the petitioner was
initially appointed as Supervisor in the Department of Panchayat Social Welfare
on 10.12.1985. Thereafter, the Directorate of Public Instruction, in view of the
order of the State Government, passed an order dated 18.09.2002 whereby
employees of the Directorate of Adult Education in the cadre of Supervisor
(Class-III) Executive were absorbed in the Education Department as Upper
Division Teachers vide order dated 06.06.1998 issued by the School Education
Department. By the said order dated 18.09.2002, the Directorate also made
certain directions regarding fixation of seniority. It is further submitted that due
to the age of the petitioner, the respondents/Department never proposed or sent
the petitioner for training of BTC/D.Ed./B.Ed. It is contended that in the year
2004, the respondents issued a gradation list of the district-level cadre of
teachers, wherein the name of the petitioner was placed at Sr. No. 65 and the
names of respondent Nos. 5 and 6 were placed at Sr. Nos. 66 and 69 respectively.
It is further contended that respondent Nos. 5 and 6 were promoted to the post of
Head Master, Middle School vide order dated 10.03.2008, whereas the petitioner,
who is senior to respondent Nos. 5 and 6, was not promoted. Therefore, the
petitioner filed the present petition and submitted that as per Schedule-IV under
Madhya Pradesh Non-Gazetted Class-III Academic Service (Post-College
Service) Recruitment and Promotion Rules, 1973, the petitioner possesses the
qualification for the promotional post of Head Master, Middle School.
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 3/16/2026
2:46:59 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:9270
3 WP. No.
2546 of 2008
3. Per contra, learned Government Advocate submitted that the petitioner
does not possess the minimum qualification for holding the post of Head Master,
Middle School. It was submitted that as per Rule 8, the minimum qualification
for holding the said post requires that the concerned person must have second
division graduation or equivalent along with a B.Ed. degree (Annexure R-1). It
was further submitted that the petitioner does not possess the minimum
qualification; therefore, he was not promoted and his juniors were rightly
promoted by the impugned order.
4. Heard counsel for the parties and perused the material available on record.
5. Column No.2 of Schedule No.IV under provision 12 of Madhya Pradesh
Class-III Proceedings & Recruitment & Promotion Rules of Teacher Class
Education Service College Branch, as per Madhya Pradesh Non-Gazetted Class-
III Academic Service (Post-College Service) Recruitment and Promotion Rules,
1973 (in short “the Rules of 1973”), reads as under:—
वविभभाग कभा
उस ससेविभा अथविभा पद
ससंघ ससेविभा अथविभा
पददोन नतति हसेतित
वविभभागनीय पददोन नतति
नभाम
कभा नभाम जजिसससे
पद कभा नभाम
तनरभार्धाररति अहर्धातिभायय
सतमतति कसे सदस य
पददोन नतति ककी जिभाननी हह
जजिस पर
एविसं अनतभवि
पददोन नतति ककी
जिभाननी हह
(1) (2) (3) (4) (5)
तशिकभा
2.
प्ररभानभाचभायर्धा
प्ररभानभाध यभापक
1 .
स नभातिक उपभातर
1.
ससंबसंतरति
वविभभाग
[
प्रभाथतमक शिभालभा उच च
मभाध यतमक
तिथभा तशिकक
ससंभभागनीय तशिकण
अमहभावविदभा
शसेणनी तशिकक
[xxx]
वविदभालय
/5
प्रतशिकण विरर्धा कभा
अरनीकक दभारभा
लयननी
/ /
तशिकक तनदर्देशिक
मनदोननीति अतरकभारर
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 3/16/2026
2:46:59 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:9270
4 WP. No.
2546 of 2008
]
तशिकभा महभावविदभालय तशिकण अनतभवि
अध यक
2. 5
विरर्धा तिक
2. ,
एक प्रभाचभायर्धा
गभामनीण कसेत्र मय
उच चतिर मभाध यतमक
कभायर्धा कभा अनतभवि
वविदभालय सदस य
[3.
ससंबसंतरति सहभायक
-
ससंचभालक सदस य
]
सतचवि
6. As per Schedule-IV of the Rules 1973, for promotion to the post of
Headmaster, Middle School, the qualification required is Graduation , as provided
under Clause 1 and Teacher Training or five years' teaching experience, as
provided under Clause 2 along with five years' service in a rural area. The
petitioner has passed M.A. in Hindi and the same has already been recorded in
the Service Book of the petitioner. The petitioner has also completed the
minimum experience of five years in a rural area. Therefore, he is entitled to
promotion with retrospective effect from the date on which his juniors were
promoted, i.e., 10.03.2008. As per Schedule-IV of Rules of 1973, the petitioner
possesses the required qualification. Admittedly, the petitioner is senior to
respondent Nos. 5 and 6 and the official respondents have wrongly relied upon
the aforesaid Schedule which pertains to direct recruitment.
7. Considering the aforesaid, as petitioner is having minimum qualification
for the promotion to the post of Headmaster Middle School, the petition is
disposed of with a direction to the respondents to convene a Review
Departmental Promotion Committee (DPC). The Committee is directed to
consider the petitioner’s case with retrospective effect from 10th March, 2008,
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 3/16/2026
2:46:59 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:9270
5 WP. No.
2546 of 2008
the date on which his juniors were promoted. The Review DPC must evaluate the
petitioner’s qualifications according to Schedule-IV of the 1973 Rules, if he
possesses five years of rural experience and is otherwise found suitable, his
promotion shall be considered at par with his juniors, carrying all consequential
and monetary benefits. The respondents- Department are directed to comply the
above direction within three months from the receipt of a certified copy of this
order.
8. As the petitioner has retired, any promotion granted shall necessitate a
revision of his Pension Payment Order (PPO) and Gratuity Payment Order
(GPO) to reflect the promotional salary difference. If petitioner is found unfit,
respondents must provide him with an opportunity to be heard. Further, if the
Review DPC finds him entitled to promotion, all consequential benefits must be
paid within an additional two-month period. Failure to provide these benefits
within the said period, will result in the respondents being directed to pay interest
at the rate of 6% per annum from the date of entitlement until the actual payment
is made.
9. With the aforesaid observations and directions, the instant petition stands
disposed of. No order as to costs.
10. Pending interlocutory application, if any, is also disposed of.
(Anand Singh Bahrawat)
Judge
Ahmad
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 3/16/2026
2:46:59 PM