VIVEK KHARE Vs. STATE OF M.P

JUDGEMENT

(1.) THIS order will also govern disposal of W.P. No.13194/2004 -Ku. Reena Rai and others vs. Commissioner, Sagar Division, Sagar and others, WPS No.4863/2005 -Om Prakash Richariya v. The State of M.P. and others and WPS No.4868/2005 -Pramod Kumar Agrawal v. The State of M.P. and others.

(2.) IN the group of these cases, main challenge is to the order dated 12.11.2002 said to be passed in an appeal by the Collector, District Tikamgarh filed by one Ku. Bharti Nayak, the respondent No.5, in the present writ petition. The said order was called in question in a revision before the Additional Commissioner, Sagar Division, Sagar, but since the said revision was dismissed vide order dated 29.11.2004, therefore, the writ petition is filed by all the petitioners. Since the issue involved in the present writ petition is same as has been raised in the other companion writ petitioners, all the matters were heard together and are being disposed of by this order. However, for the convenience and for the purposes of order, the facts are taken from Writ Petition (s) No.13173/2004.

(3.) THE State Government has made the rules known as Madhya Pradesh Panchayat Contract School Teacher (Appointment and Service Conditions) Rules, 2001 (hereinafter referred to as 'the Rules'). The manner of making recruitment of contract teacher is prescribed under 5 of the Rules. There are three categories of contract teachers to be appointed as Grade -I, II and III respectively. Schedule -2 of the Rules prescribes manner of constituting the selection committee for conducting interviews and selection of the contract teachers. For the post of contract teacher Grade II a committee at Janpad Panchayat level is to be constituted under the chairmanship of President of General Administration Committee of the Janpad Panchayat concerned. The Chief Executive Officer of the said Janpad Panchayat and the Block Education Officer of the said block are the other two members of the said committee. The General Administration Committee is to nominate subject experts and one of them is required to be woman. The members of the General Administration Committee are required to be added in the said committee. If more than 5 posts are advertised, at least one member from the minority community is to be nominated by the Collector, in case such a member is not available in the General Administration Committee.