Kuldeep Jaiswal vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:29625
1 WP-42527-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
nd
ON THE 22 OF OCTOBER, 2026
WRIT PETITION No. 42527 of 2026
CNR No.: MPHC020408932026
KULDEEP JAISWAL AND ANR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ravindra Prakash Joshi - Advocate for the petitioners.
Shri Manish Sankhla - Govt. Advocate for the respondent/State.
ORDER
The petitioners have filed this petition for the following reliefs:-
7. i. To issue a writ of certiorari/declaration that the
allocation of the Petitioners to the Tribal Welfare Department,
contained in the appointment order dated 01.04.2023 (Annexure
P/4), is arbitrary and illegal to the extent it denies the Petitioners
consideration for allocation to the School Education Department
in— accordance with their merit and choice;
ii. To issue a writ of mandamus directing Respondents No. 1
to 5 to grant the Petitioners an opportunity to exercise their choice
filling under the applicable School Choice Filling Policy strictly in
accordance with their merit position, in terms of the directions
contained in paragraphs 12 and 13 of the judgment dated
11.08.2026 passed in W.A. No. 1121/2025 (Sakshi Tamrakar &
Signature Not Verified
Signed by: SUMATHI
JAGADEESAN
Signing time: 22-10-2026
18:58:41

NEUTRAL CITATION NO. 2026:MPHC-IND:29625
2 WP-42527-2026
Ors. vs. State of M.P.) (Annexure P/8), and to allot them to the

School Education Department (DPJ) if their merit position so
entitles them, or, in the absence of available vacancies, to adjust
them in accordance with the said Policy, within a period of 60
days;
iii. To direct the Respondents to decide the Petitioners’
representations dated 24.08.2026 (Annexure P/7) by a reasoned
order within 30 days; -
iv. To direct that upon such re-allocation/adjustment to the
School Education Department (DPI), the Petitioners’ past
continuous service (from their initial appointment/joining in April
2023), pay protection, annual increments and seniority shall be
fully protected and counted for all service benefits;
v. To direct that the status of Petitioner No. 1 as a
confirmed/regular employee, as per the Probation clearance Order
dated 29.05.2026 (Annexure P/6), shall remain intact; and to
further direct the Respondents to formally clear/confirm the
probation of Petitioner No. 2, who has equally completed more
than 3 -years of continuous and satisfactory service, in accordance
with the applicable Rules; and that, neither Petitioner shall be
subjected to a fresh probation period upon re-allocation to the
School Education Department;
vi. Any other relief/order which this Hon'ble Court deems
fit and proper in the interest of justice may kindly be granted,
along with costs of the petition.
Signature Not Verified
Signed by: SUMATHI
JAGADEESAN
Signing time: 22-10-2026
18:58:41

NEUTRAL CITATION NO. 2026:MPHC-IND:29625
3 WP-42527-2026
02. The facts of the case are that the respondents initiated common selection

/ recruitment process for filling up vacancies of teachers in School Education
Department as well as in Tribal Welfare Department of The State of Madhya
Pradesh through common eligibility test (MPTET). The petitioners participated in
the recruitment process and qualified with high merit scores. Petitioner no.1
secured a normalised score of 109.49 with consolidated rank of 6197 and OBC
category rank of 2079 and the petitioner no.2 secured normalised score of 109.30
with consolidated rank of 6459 and OBC category rank of 2162.
03. However, despite their higher merit position the petitioners were allotted
to the Tribal Welfare Department by appointment order dated 01.04.2023, though
the petitioners opted only for the Schools of the School Education Department,
however, the same was ignored by the respondents.
04. Learned counsel for the petitioner submits that now the issue has been
decided by the Hon'ble Division Bench of this Court in the case of Sakshi
Tamrakar & Ors. vs. State of M.P. & Ors. in W.A. NO.1121/2025 vide order date
11.08.2026, wherein it has now been held by this Court that the persons like
petitioners are also entitled for consideration of their cases for appointment in the
School Education Department. Learned counsel also submits that in view of the
law as laid down by this Court a detailed representation has been submitted by the
petitioners on 24.08.2026, however, the respondents have not paid any heed to the
same, although the remainders were also sent on 07/09/2026. He thus, submits
that in light of the law as laid down in the case of Sakshi Tamrakar (Supra), the
case of petitioners also deserves to the considered.
05. Per contra, learned counsel for the respondent/State submits that the
recruitment process was done in the year of 2023 and the petitioners did not
choose to challenge their appointment in the Tribal Welfare Department at the
Signature Not Verified
Signed by: SUMATHI
JAGADEESAN
Signing time: 22-10-2026
18:58:41

NEUTRAL CITATION NO. 2026:MPHC-IND:29625
4 WP-42527-2026
relevant time. They were just front sitters watching others fight for their rights and

once the issue has been now they have come for similar reliefs, thus, the petition
deserves to be dismissed.
Heard learned counsel for the parties and perused the case file.
06. Considering that the representation of the petitioners is pending
consideration and in view of the fact that the law has already been settled by
Hon'ble Division Bench of this Court, instead of entering into the merits of the
claims raised by the petitioners, the present petition is disposed of with directions
to the respondent Nos.1 to 4 to decide the representation of the petitioners by
passing a reasoned and speaking order by considering the law laid down in the
case of Sakshi Tamrakar (Supra), within an outer limit of three months from the
date of communication of this order.
With the aforesaid, the petition stands disposed of, however, without
expressing any opinion on the merits of the case.
(PAVAN KUMAR DWIVEDI)
JUDGE
sumathi

Signature Not Verified
Signed by: SUMATHI
JAGADEESAN
Signing time: 22-10-2026
18:58:41