S.C.Sharma, J. - (1.)REGARD being had to the similarity in the controversy involved in the present bunch of cases they were heard analogously together and by a common order all the writ petitions are being disposed of by this court. Facts of WP NO. 9301 / 2010 are stated as under :
(2.)THE petitioner before this court has filed this present petition being aggrieved by an advertisement dt. 24/5/10. THE contention of the petitioner is that they are working as Samvida Shala Shikshak, Grade III and they were appointed after facing a process of selection as provided under the provisions of M.P. Panchayat Shiksha Karmi (Recruitment & Conditions of Service) Rules, 1998. Petitioners have further stated that they were confirmed also on the post of Shiksha Karmi and later on the designation of Shiksha Karmi was changed to Sahayak Adhyapak. It is pertinent to note that some of the teachers in other identical cases are Asstt. Teachers working in the School Education Department of the State of MP. THE contention of the petitioner is that the State Government has enacted M.P. Jan Shiksha Adhiniyam, 2002 and thereafter Rules have been framed under the Adhiniyam of 2002 known as MP Jan Shiksha Niyam, 2003. THE petitioners have further stated that Rule 13 of the aforesaid Rules provides for appointment of Jan Shikshak and the following qualifications have been prescribed for the post of Jan Shikshak under the Rules of 2003. 13. Jan Shikshak :
(1) A teacher of one of the schools of Jan Shiksha Kendra shall be designated as Jan Shikshak, to act as coordinator between the schools and the Jan Shiksha Kendra, Jan Shiksha Prabhari shall send a list of names of three persons to the Janpad Shiksha Kendra. A committee comprising of the Education Programme Officer -1, Block In Charge from the District Institute of Education and Training and the Janpad Shiksha Kendra Coordinator shall select one person from the list. THE Janpad Shiksha Kendra shall nominate the Jan Shikshak on the recommendation of the committee. (2) Following points shall be considered while nominating the Jan Shikshak : (a) Names of assistant teachers, Upper Division Teacher and Shiksha Karmi grade-2 or 3 (regular) shall be proposed for the post of Jan Shikshak. (b) Only D. Ed., and B. Ed., trained persons shall be proposed for the nomination of Jan Shikshak. (c ) Age of the person, recommended for the post of Jan Shikshak should normally be below 50 years. (d) THE person proposed for the nomination of Jan Shikshak must have 5 years of teaching experience in school. (3) THE Jan Shikshak shall be nominated for a minimum period of 3 years. After the stipulated period of 3 years the Jan Shikshak may continue to hold the post till the nomination of his successor. (4) THE Janpad Shiksha Kendra can remove the Jan Shikshak with the permission of the Zila Shiksha Kendra if he / she is irresponsible towards his / her duties, found incompetent to perform the expected activities and due to other administrative reasons.

THE petitioners grievance is that the aforesaid statutory provisions of law permits the Asstt. Teacher, Upper Division Teacher, Shiksha Karmi Grade II and III to participate in the process of selection for the post of Jan Shikshak. However, the impugned advertisement only permits teachers in the pay scale of Rs. 5000 - 8000 and teachers in the pay scale of Rs. 4000 - 6500 to participate in the process of selection. Learned counsel for the petitioner has argued before this Court that the State Government cannot modify the eligibility criteria prescribed under the Rules of 2003 by issuing an executive instructions without amending the recruitment Rules of 2003 or the Act of 2002. A reply has been filed on behalf of respondent State and the contention of the respondents is that the State Government has amended the MP Jan Shikshak Adhiniyam 2002 by enacting M P Jan Shikshak Sanshodhan Adhiniyam 2010 and the Rules have also been amended and a notification to that effect has been issued on 23/6/10. THE contention of the respondent State is that by virtue of the aforesaid amendment the teachers or Adhyapaks are only entitled to participate in the process of selection. It has also been argued before this court that executive instructions were issued by the State Education Centre and as per the executive instructions dt. 24/5/10 teachers in the pay scale of Rs.5000 - 8000 and teachers in the pay scale of Rs.4000 - 6500 are alone entitled to participate in the process of selection. THE respondents have prayed for dismissal of the writ petition.

Heard learned counsel for the parties at length and perused the record. The matter is being disposed of with the consent of the parties at the admission stage itself.

(3.)IN the present case the MP Jan Shiksha Adhiniyam 2002 has been enacted to translate the Constitutional vision of the right of every child to access elementary education of quality and to provide for decentralised planning and participatory management of elementary and adult education redefining roles and creating institutions sensitive to the needs of quality education for all. The State Government has established various Jan Shiksha Kendra under the Adhiniyam of 2002. The Adhiniyam also defines a Teacher u/S. 2(k) and the same reads as under :
2. (k)"Teacher" means any member of the teaching staff of a school known by any name as approved by Government and duly appointed to teach in that school.

The Rules have been framed under the Adhiniyam of 2002 known as MP Jan Shiksha Adhiniyam 2002 and a procedure has been prescribed for appointing Jan Shikshaks in respect of Jan Shiksha Kendra. Rule 13 of the aforesaid Rules prescribes qualification for the post of Jan Shikshak and the same reads as under : JUDGEMENT_1164_ILR(MP)_2011Image1.jpg