RAJENDRA PRASAD MAITRI Vs. STATE OF C G

JUDGEMENT

(1.) THE Above writ petitions have been heard analogously and are being disposed of by this common order. W.P. No 3304/2004 shall be the leading case.

(2.) BY these petitions under Article 226/227 of the Constitution of India, the petitioners have challenged the validity of the Rules, namely, Chhattisgarh Panchayat Shala Samvida Shikshak (Niyukti Tatha Sewa Shartein) Niyam, 2004 published on 10-8-2004 vide notification no. 52/ Pancha/22/04. the notification has been issued in exercise of the powers under Section 70(2) read with Section 95 sub-section (1) of Panchayat Raj Adhiniyam, 1993, Whereby the rules for appointment of contract teachers (Samvida Shikshak) have been enacted. It is contended that these rules are ultra vires, in contravention of the law and violative of Article 14 and 16 of the Constitution of India.

(3.) LEARNED counsel for the petitioner referred to 73rd Constitutional Amendment, Article 243 (G) of the Constitution and Eleventh Schedule (Item No. 17), Education including Primary and Secondary Schools. He Further referred to Article 154, 164 and 166 of the Constitution of India. He also referred to the relevant provisions of Panchayat Raj Adhiniyam, 1993, such as Section 78 regarding power of State Government to regulate taxes, Section 83 regarding Power of State Government in regard to relief in taxes, Section 85 regarding Power to suspend execution of orders, etc., Section 86 regarding Power of State Government to issue order directing Panchayat for execution of works in certain cases and Section 87 regarding Power of State Government to dissolve Panchayat for default, abuse of powers, etc. It is said that Section 95 relates to Power to make rules. Delegation of power conferred under Section 93 of the Adhiniyam. Learned counsel also referred to Article 243-C of the Constitution. It is submitted that under Section 47 of the Adhiniyam there are committees including education committee, which have been constituted by the Panchayat. It is further submitted that an appeal is provided under Rule 12 before the Sub-Divisional Officer. It is also contended that for Grade III, there are Rules of 1994 namely M.P. Gram Panchayat (Term of Office of Members of Standing Committee and Procedure for the Conduct of Business) Rules, 1994.