HARSHVERDHAN Vs. STATE OF M P AND OTHERS

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order of the State Government dated February, 2003 (Annexure P-1) whereby the order of the Collector dated 14.9.2000 is cancelled.

(2.) On 28.4.1999 the appointment orders of the candidates were issued. The respondent No.4 was appointed as Shiksha Karmi Grade-1 (Mathematics). A complaint was made to the Collector, who passed the order dated 14.5.1999 (Annexure P-11) and cancelled the aforesaid appointment. A writ petition No. 806/99 was filed before this Court, which was decided by Annexure P-12. The respondent No.4 herein was the petitioner in the said matter and this Court allowed this petition on the ground that as per Section 323 of the Municipalities Act, the Collector was not competent to cancel the selection or quash the appointment. Liberty was reserved to the Collector to pass orders in accordance with law. In turn, the Collector passed the order dated 14.9.2000 (Annexure P-13) and after assigning reasons, suspended the appointment order dated 28.4.1999. Collector seeking approval of his order, referred the matter to the State Government and in turn the State Government passed the order dated 30.12.2000 (Annexure P-14). The State Government did not approve the order of the Collector and set aside the order dated 14.9.2000 passed b y the Collector.

(3.) At this stage, the petitioner filed W.P.No.274/2001 which was decided by this Court on 26.6.2002. This Court found that the order of the State Government does not contain adequate reasons and, therefore, set aside the said order. The liberty was given to the State Government to pass appropriate orders and till such time it was directed that the status-quo with regard to service conditions be maintained. In turn, the State Government passed the order Annexure P-1 and did not approve the order of the Collector and set aside the order dated 14.9.2000. This order is now called in question in the present writ petition.