SANJIV KUMAR PATEL Vs. JANPAD PANCHAYAT

JUDGEMENT

(1.) IN these writ petitions common order passed by the Collector is challenged. Petitioners assail the orders of their removal; they were appointed as contract teachers category IInd and IIIrd. Petitioners submit that M. P. Panchayat Sanvida Shala Shikshak (Appointment and Condition of Service) Rules, 2001 provides for method of appointment of contract teachers. An advertisement was issued for appointments of contract teachers in category IInd and IIIrd. There are 32 posts of Category IInd and 40 posts of Category IIIrd. Petitioners applied for appointment in their respective categories IInd/iiird; they were declared selected; Janpad Panchayat issued orders of appointment in different schools; petitioners joined the services and they were working to the satisfaction. All of a sudden on 3-11-2001 an order dated 23-10-2001 issued by the Chief Executive Officer was served intimating them that their appointment orders were cancelled in view of the letter of the Collector dated 8-10-2001. Order issued by the Chief Executive Officer in W. P. No. 5936/2001 is Annexure P-5. Petitioners in W. P. No. 5936/2001 submit that petitioner No. 1 belongs to Scheduled Tribe and stood in merit in first 25 of the selection list. Petitioner No. 2 belongs to OBC category and petitioner No. 3 is a general category candidate; they were removed without opportunity of hearing; without requiring to explain. Once they had joined the service, their removal could not be ordered without issuance of show-cause notice and the order of their removal is in violation of the principles of natural justice.

(2.) IN W. P. No. 5769/2001 petitioner Sanjiv Kumar Patel was appointed as Contract Teacher Class IInd; appointment order dated 4-9-2001 was issued petitioner was appointed for a period of three years; petitioner joined at Middle School, Sailwar; without opportunity of hearing he was removed; petitioner belongs to OBC; no opportunity of hearing; not notice or one month salary in lieu of notice as per Rule 10 (f) of M. P. Panchayat Sanvida Shala Shikshak (Appointment and Conditions of Services) Rules, 2001 (for short "the Rules of 2001") was given. Thus, termination is violative of Rule 10 (f) of the Rules of 2001.

(3.) IN W. P. No. 6015/91 (Basantlal and five others), petitioner Nos. 1 to 5 were appointed as Class III contract teachers and petitioner No. 6 as Class IInd. They were appointed on 4-9-2001; they joined and were removed on 3-11-2001 as per order dated 23-10-2001 issued by the Chief Executive Officer respectively Annexures P-9 and P-10 without affording opportunity of hearing pursuant to the directions issued by the Collector.