Madhya Pradesh High Court
Administrative and Public LawCivil Procedure and Evidence

Authority directed to decide petitioners’ representation through a reasoned order within four weeks.

Jagdish Singh Jaiswal vs The State Of Madhya Pradesh

Madhya Pradesh High CourtJUDGMENT: August 11, 20262 MIN READSOURCE JUDGMENT
Authority directed to decide petitioners’ representation through a reasoned order within four weeks.. Jagdish Singh Jaiswal vs The State Of Madhya Pradesh. Madhya Pradesh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners were serving as Ucch Pad Prabhar (Madhyamik Shikshak) pursuant to posting orders issued in 2024. They were subsequently deputed as Janshikshaks against vacant posts under the District Education Centre, Rajgarh, by order dated 8 May 2025.

Source reference: p.2, para. 2.1

On 24 June 2026, the competent authority issued guidelines for filling vacancies of Janshikshak under the Samagra Shiksha Abhiyan, including an eligibility condition that candidates must not have attained 52 years of age as on 1 January 2026.

Source reference: p.2, para. 2.2

Thereafter, respondent No. 3 issued a counselling communication dated 31 July 2026 covering certain posts but allegedly failed to include the cadre of Ucch Pad Prabhar (Madhyamik Shikshak).

Source reference: p.2, para. 2.3

The petitioners submitted a representation dated 5 August 2026 seeking their inclusion in the counselling process. While the representation remained pending, respondent No. 3 stayed the counselling process by order dated 6 August 2026.

Source reference: p.3, para. 3
02

Issues

Whether respondent No. 3 was required to consider the petitioners’ representation concerning inclusion of the Ucch Pad Prabhar (Madhyamik Shikshak) cadre in the Janshikshak counselling and selection process in accordance with the guidelines dated 24 June 2026.

Source reference: p.3, paras. 3–4

Whether the Court should directly grant the substantive reliefs sought by the petitioners, including their inclusion in counselling and appointment as Janshikshaks, or instead direct the competent authority to decide their pending representation.

Source reference: p.3, paras. 3.1–4

Whether the counselling process and the number of Janshikshak posts were required to be conducted strictly in accordance with the communication dated 24 June 2026, including the age-limit condition.

Source reference: p.1, para. 1; p.2, paras. 2.2–2.3
03

Law Applied

The Court applied the principle that a pending administrative representation concerning eligibility and participation in a selection or counselling process must be considered by the competent authority in accordance with the governing policy and disposed of by a reasoned and speaking order.

Source reference: pp.3–4, paras. 5–7

The Court did not adjudicate the petitioners’ substantive entitlement to appointment, the interpretation of the 24 June 2026 guidelines, or the legality of the counselling communication.

Source reference: pp.3–4, paras. 5–7

No statutory provision or judicial precedent was relied upon in the order.

Source reference: pp.3–4, paras. 5–7
04

Reasoning

The Court noted that the petitioners’ grievance related to the alleged exclusion of their cadre from the Janshikshak counselling process and that they had already submitted a representation to respondent No. 3.

Source reference: p.3, para. 3

Since the counselling process had itself been stayed, and the State indicated that the representation would be considered in accordance with law, the Court found it unnecessary to examine or grant the broader substantive reliefs at that stage.

Source reference: p.3, paras. 3.1–4

Treating the petitioners’ request for consideration of the representation as an innocuous and limited prayer, the Court directed the competent authority to independently consider it and pass a reasoned and speaking order within the prescribed time.

Source reference: p.4, para. 6
05

Holding

The petition was disposed of without deciding the petitioners’ eligibility, entitlement to appointment, validity of the counselling communication, or the alleged reduction in posts.

Respondent No. 3 was directed to consider the petitioners’ representation dated 5 August 2026 and pass a reasoned and speaking order within four weeks from the date of communication of the High Court’s order.

Source reference: p.4, paras. 6–7

No direct direction was issued to include the petitioners in counselling or appoint them as Janshikshaks.

Source reference: p.4, paras. 6–7
Madhya Pradesh High Court

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Jagdish Singh JaiswalvsThe State Of Madhya Pradesh

Madhya Pradesh High Court · August 11, 2026

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