STATE OF M P Vs. SANJAY KUMAR PATHAK

JUDGEMENT

(1.) Leave granted in SLP.

(2.) The Government of India sponsored a project commonly known as Operation Black Board during the Eighth Plan period, i.e. 1992-1997 in terms whereof financial clearance was to be given for appointment of Additional Teachers in all primary / middle schools which had only one teacher in order to improve the standard of education. With a view to implement the said project, the State intended to appoint 7000 to 11000 teachers.

(3.) Indisputably, the matter relating to recruitment of Assistant Teachers in Madhya Pradesh is governed by Madhya Pradesh Non-Gazetted Class III Education Service (Non-Collegiate Service) Recruitment and Promotion Rules, 1973 (hereinafter called and referred to for the sake of brevity as "said Rules"). In terms of the said Rules, the method of recruitment was to be by holding competitive examination followed by interview. With a view to expedite implementation of the project having regard to the fact that the same was to be implemented within the Eighth Plan period, Rule 10(3) of the Recruitment Rules was amended on or about 10.05.1993 by adding a proviso thereto which reads, thus: