GAYATRI RADHESHAM PANCHOLI Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition shall also govern the disposal of M. P. No. 139/84 (Ku. Urmila Bar ode v. The Directorate of Public Instruction and others.)By this petition under Article 226 of the Constitution of India the petitioner seeks issuance of a writ to quash the order dated 8 2-1984 terminating her services (Annexure'g' to the petition) and a direction to the respondents to reinstate the petitioner in service with retrospective effect.

(2.) THE petitioner was appointed as sub teacher (Up-Shikshak) in primary School, Badoli Hauz in Tahsil Depalpur District Indore by order dated 4-1-1984 of the District Education Officer District Indore (Annexure 'b') pursuant to her selection at an interview held at Depalpur by a selection Committee at the Sub-Divisional level comprising of the sub-Divisional Officer as its Chairman, Local Block Development Officer, principal, Higher Secondary School, Distt. Organiser, Tribal Welfare as its members and District Education Officer as its Member Secretary. An enclosure stating the conditions of service was also attached to the appointment order (Annexure 'b'), Condition (8) thereof required a certificate from competent authority (Tahsildar) to be submitted by the petitioner certifying that the petitioner was 'mool Niwasi' (original resident) of the subdivision of which she was resident. No definition of 'mool Niwasi' has been shown to me. However, the Government of M. P. appears to have taken a decision prescribing a definition of 'sthaniya Niwasi' (local resident) of M. P. by G. A. D. Memo No. 381 /2417/one (3)/74 dated 11-6-1975, as amended by G. A. D. Memo No. 501/i 386/one (3)/75 dated 25-7-1975. In accordance with the definition so prescribed for a bona fide resident of m. P. , the Government of M. P. have prescribed a pro-for/na vide G. A. D. Memo No. 489/2250/one (3)/77 dated 24-1 1-1977 for certificate of local residence in M. P. to be issued by a competent authority.

(3.) THE petitioner submitted a certificate from the competent authority Indore (Annexure'c') on the prescribed pro-forma, certifying that the petitioner was resident of Indore. M. P. The petitioner even at the time of applying for the post initially had submitted such a certificate along with her application as per the requirement notified in the advertisement dated 12-10-1983 inviting applications for the posts of Up-Shikshaks (Annexure 'a' ). The petitioner joined her duties as Up-Shikshak in the primary School at Badoli Hauz on 14-1-1984 in compliance with the order of appointment aforesaid. The Assistant District Inspector of Schools, however, required the petitioner to submit a certificate from Tahsildar depalpur instead of the certificate issued by the competent authority Indore which the petitioner had submitted certifying her residence of Indore, madhya Pradesh and informed the petitioner that on such compliance only her service would be recognized. Then on 4-2-1984 she was asked not to sign the attendance register as per verbal order of the Assistant Inspector of Schools. Finally, by the impugned order (Annexure 'g') dated 8-2-1984 the petitioner's services were terminated for not submitting the certificate from Tahsildar, Depalpur about her original residence.