MAHENDRA KUMAR JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS writ petition has been preferred by the then part-time lecturers appointed under the Centrally Sponsored Scheme seeking a direction to the State Government for consideration of their cases for absorption/appointment as Lab Assistant in terms of Circular issued by the erstwhile State of Madhya Pradesh on 23.05.1998 (Annexure P-15). It has been urged that the petitioners were earlier working as Part-time Lecturers/Lab Assistants under different appointment orders issued in the year 1989 to 1994. The erstwhile unified State of Madhya Pradesh issued a Circular dated 23 rd May, 1998 interalia providing an opportunity to appear in the selection process of lecturers under the M.P. Education Service (School Branch) Recruitment and Promotion Rules, 1982; the said Rules are relaxed for the Part-time Lecturers/Lab Assistant and they shall be allowed to participate in the selection process for recruitment of lecturers and such lecturers, who are still not eligible to appear in the selection process of lecturers shall be appointed as Lab Assistants, if they possess minimum qualification; Benefit of this relaxation and weightage in the percentage of qualifying examination for appearing in the interview was also provided in the said circular.

(2.) PLACING strong reliance on this circular, learned counsel for the petitioners would submit that the authorities in the State of Chhattisgarh were also processing the matter, however, no decision has been taken, therefore, the present writ petitions have been preferred seeking a direction to consider their cases in terms of the said circular dated 23.05.1998.

(3.) HAVING heard learned counsel for the parties and on perusal of the documents annexed to the writ petitions, it would appear that even in the Circular dated 23.05.1998, no right of appointment was created in favour of the petitioners. The only right in their favour was for giving benefit of relaxation so that they can appear in the selection process of lecturer or in the alternative that of Lab Assistant. Even though the new State of Chhattisgarh was created on 1st November, 2000, the petitioners did not prefer the writ petition soon thereafter or within a reasonable time and waited for 11 years to file these writ petitions in the year 2011 and 2012. One important event had also taken place in the interregnum in as much as in the year 2008 the petitioners were appointed as Shiksha Karmis-Grade-III by order issued by the Directorate of Urban Administration and Development on 08.10.2008, which is available at Page 67 of the Paper Book in W.P.(S). No.1535/2011. This order clearly states that such part-time professional teachers who have earlier been removed from service are appointed as Shiksha Karmis- Grade-III without following the process of recruitment envisaged under the Chhattisgarh Municipalities Shiksha Karmi (Recruitment and Service Conditions) Rules 2008. Thus it would appear that the petitioners have been appointed as Shiksha Karmis Grade-III on humanitarian considerations as one time measure without compelling them to participate in the process of recruitment.