AKHILESH KUMAR METHIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) AS common questions are involved in all these four petitions they are heard and disposed of by this common order.

(2.) MUNICIPAL Council, Guna initiated certain proceedings by issuing advertisement in the year 2001 for appointment of Samvida Shala Shikshak varg I, II and III. Appointments were to be made in accordance with the provisions of M. P. Municipal Council Samvida Shala Shikshak (Recruitment and Conditions of Service) Rules, 2001, herein after referred to as the 'service rules'. Selection process was conducted and appointment orders were issued to the selected candidates in August 2001. The selected candidates included the petitioners who have filed the present petitions. Being aggrieved by the process of selection some of the unsuccessful candidates who are the private respondents in these petitions filed appeals before the Collector, Guna in accordance with the statutory provisions. Collector, Guna in accordance with the statutory provisions. Collector vide order dated 30-3-2002 allowed the appeals, quashed the orders of appointment and issued a direction for holding fresh selection.

(3.) ORDER dated 30-3-2002 passed by the Collector was challenged by many of the selected candidates including all these petitioners by filing writ petition W. P. No. 639/02, W. P. No. 640/02, W. P. No. 641/02, W. P. No. 642/02, w. P. No. 643/02 and W. P. No. 662/02. All these petitions were heard and decided by common order passed on 4-9-2002. Copy of the said order is filed as annexure P/5 in the record of W. P. 639/02. After going through the rival contentions that were made in the earlier petitions this Court found that the collector has decided the appeals filed before him without issuing proper notice to the selected candidates like the petitioners, has based his finding on certain report submitted by Sub Divisional Officer. The report of the S. D. O. was never given to the selected candidates, the Sub Divisional Officer has not heard the selected candidates and as the report was neither filed in the proceedings before this Court also, the order passed by the Collector was quashed finding it to be contrary to the principles of natural justice and all the petitions were allowed and the matter was remanded back to the Collector for deciding the appeal afresh.