RAJA BHAIYA TRIPATHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioners in Writ Petition No. 5201/2000 have challenged the order dated 17-4-2000 (Annexure P-3), passed by the Collector, Distt. Satna, in Case No. 26-C/144/appeal/97-98 and the connected appeals, by which the Collector has set aside the select list of Shiksha Karmis Grade III dated 15-9-1998 prepared by the Janpad Panchayat, Majhgawan. In the connected two petitions, the very order has been challenged only in so far as it directs that selection on the basis of applications already received be made in accordance with the amended provisions of the rules.

(2.) JANPAD Panchayat, Majhgawan had issued advertisement on 8-7-1998 inviting applications for the post of Shiksha Karmis Grade III and on the basis of the applications received, candidates were called for interview and selection was made. On the said select list having been challenged in various appeals, the Collector had stayed further action in pursuance of the said select list and given notice to the respondents to the appeal and summoned the record. During the pendency of the appeal, the record had also been seized by the Office of the Lokayukt and in pursuance of the direction issued by this Court in W. P. No. 2249/1999, copies of the record were obtained by the Collector and'after examination of the matter, the said order was passed.

(3.) LEARNED counsel for the petitioners has pointed out that the decision of the Collector to set aside the select list prepared by the Education Committee of the Janpad Panchayat is mainly founded on the alleged violation of Rule 5 (7) and 5 (8) of the M. P. Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (hereinafter referred to as "rules") while there was no material to suggest that the Education Committee had not adhered to the provisions contained in the rules.