JILA PANCHAYAT, BALAGHAT Vs. COMMISSIONER, JABALPUR

JUDGEMENT

(1.) IN these three writ petitions common question is involved; whether the selection list on the basis of selection process should have been prepared on the total marks obtained in "concerned subject group" or on the basis of marks obtained in particular "subject" of the group.

(2.) THE matter of appointment of Shiksha Karmi Grade -II, is governed by the M.P. Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997, which were notified on 1st January, 1998. The schedule -Il to the rules framed under rule 2(c) and rule 5 of the rules as it stood on the date of advertisement; 27.4.1998 provided educational qualification for Grade -II Shiksha Karmi' 'a second class graduate degree in the related subject group". Advertisement; Annexure -P/2 in W.P. No. 5461/1999, the qualification which was prescribed was degree in the subject, whereas the selection list which was prepared by the District panchayat was not on the basis of marks obtained in related subject group. The total marks were discarded. The selection list was prepared on the basis of the marks obtained in subject concerned not the "subject group". Since the marks obtained in related subject group were required to be considered and the District Panchayat considered only the marks obtained in the subject concerned only. The marks of all the subject of the group were not taken into consideration. Thus, the whole of the selection list stood vitiated and it was prepared in infraction of rules.

(3.) THE subject group means all the subjects which are allowed by University in B.A./B.Sc./B.Com. as the case may be. It was totally impermissible to pick one subject of B.A. group of subjects or B.Sc. or B.Com. Total aggregate was required to be considered which is provided under the rules as only related "subject group" is allowed to be undertaken in the B.A./B.Sc./B.Com or other degree courses. The issuance of direction with respect to appointment of Smt. Rama Mishra was uncalled for. The only direction which ought to have been issued was the preparation of fresh selection list, not direction for individual appointments.