STATE OF MADHYA PRADESH Vs. SHYAMA PARDHI

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) These appeals by special leave arise from the order of the Administrative Tribunal, Jabalpur, M.P. Public Health and Family Welfare Department Non-ministerial (Related to the Directorate Health Services) Class-III Services Recruitment Rules, 1989 (for short 'the Rules'), made under proviso to Art. 309 of the Constitution, prescribed qualification for the appointment of Auxiliary Nurse-cum-Midwife (ANM), viz. 10 + 2 with Physics, Chemistry and Biology as qualitative subject. Admittedly, the respondents had not possessed that qualification. It would be seen that the District Medical Officer, therefore, wrongly selected the respondents and sent them to the training. After their successful completion of the training, he made appointments as A.N.M. in the pay scale of Rs.950-1350/-. The respondents were served with notice dated 31st January, 1994 intimating that their selection for training was illegal and their services would be terminated with effect from February 23, 1994. The respondents challenged the cancellation of their appointment.