MADHURI SHARAN SHARMA Vs. STATE OF M.P.+

JUDGEMENT

(1.) THE petitioner was appointed as Guruji by Rajya Shiksha Kendra vide Annexure P/9 dated 07.12.2002. This order of appointment was called in question by respondent No.10 by filing appeal under section 91 of Panchayat Raj Avm Gram Swaraj Adhiniyam, 1993 before the Collector. The Collector heard the matter and decided it by impugned order (Annexure P/1) dated 28.04.2003. The Collector opined that petitioner's appointment runs contrary to the circular of the State Government dated 14.07.2000 (Annexure P/18) and, therefore, he allowed the appeal and set aside the appointment of the petitioner.

(2.) THE State Government by issuing circular dated 14.07.2000 directed that if the third child born after 26.01.2001, the parents shall not be entitled to get the benefits decided to be extended by the State Government. It is contended that the appeal under section 91 of Panchayat Raj Adhiniyam (Annexure P/16) itself was not tenable before the Collector.

(3.) SMT . Sangeet Pachauri, learned Dy. Govt. Advocate, fairly submits that Collector had exercised the power by entertaining the appeal preferred under Panchayat Raj Adhiniyam.