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Roopal Rawat Vs. the State of Madhya Pradesh

Roopal Rawat vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Aug 26, 2013
~3 min read
https://sooperkanoon.com/case/1045382

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Citation
Court
Madhya Pradesh High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Roopal Rawat

Advocate Shri. Rahul Rawat

Respondent

The State of Madhya Pradesh

Excerpt

.....affect the petitioners in spite of making vague allegations that the impugned circular changes the terms and conditions of appointment, no specific details or particulars with regard to the changes are indicated. in the absence of the pleading to show the changes and the consequential change having advers.affect on the existing terms and conditions, are not indicated in the petition. no interference can be made. petitioners are granted liberty to submit a detailed representation in this regard before the competent authority of the state government pointing out the terms and conditions of appointment and the change and if any, due to the issuance of the circular in question and it would be for the state government to consider the same and take action. in the present case, in the light of the fact that no detailed representations are available in the writ petition, no case is made out for interference.” learned counsel for the appellants submits that the appellants apprehend that they may be transferred to other place or some coercive action may be taken against them, so some protection may be provided to the appellants. needless to say, that if any such eventuality happens, the appellants shall be free to approach this court for redressal of their grievance. with the aforesaid clarification this writ appeal is finally disposed with no order as to costs. (krishn kumar lahoti) (subhash kakade) acting chief justice judge ac.

Full Judgment

W.A.No.782/2013 (Roopal Rawat and another versus State of M.P.& Ors.) 26.8.2013 Shri Rahul Rawat, learned counsel for the appellants.

Shri Samdarshi Tiwari, learned Govt.

Advocate for the respondents-State.

This appeal is directed against the order dated 14-5-2013 passed in W.P.No.18465/2011 by which the writ petition preferred by the appellants has been disposed of thus: “It is stated stated by the petitioners that in pursuance to an advertisement (Annexure-P/1) dated 15-6-20089, petitioners challenges appointment in a school and not by the impugned circular certain terms and conditions have been laid down in the manner of running of the school of Excellence.

Inter alia, contending that the terms and conditions of services of petitioners in the circular unilaterally changed by the respondents, this petition is filed.

Even though, in the body of the petition and in the grounds, it is stated that the terms and conditions of appointment.

Are changed, nowhere in the writ petition neither in the grounds any specific averment is made with regard to what is the terms and conditions of appointment of the petitioneRs.how and in what manner the said conditions are changed, how the same adversely affect the petitioners in spite of making vague allegations that the impugned circular changes the terms and conditions of appointment, no specific details or particulars with regard to the changes are indicated.

In the absence of the pleading to show the changes and the consequential change having adveRs.affect on the existing terms and conditions, are not indicated in the petition.

No interference can be made.

Petitioners are granted liberty to submit a detailed representation in this regard before the competent authority of the State Government pointing out the terms and conditions of appointment and the change and if any, due to the issuance of the circular in question and it would be for the State Government to consider the same and take action.

In the present case, in the light of the fact that no detailed representations are available in the writ petition, no case is made out for interference.”

Learned counsel for the appellants submits that the appellants apprehend that they may be transferred to other place or some coercive action may be taken against them, so some protection may be provided to the appellants.

Needless to say, that if any such eventuality happens, the appellants shall be free to approach this Court for redressal of their grievance.

With the aforesaid clarification this writ appeal is finally disposed with no order as to costs.

(Krishn Kumar Lahoti) (Subhash Kakade) Acting Chief Justice Judge ac.

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