RAJSHRI TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) JANPAD Panchayat, Majholi, District Sidhi, advertised certain posts of Samvida Shala Shikshak (for short referred to as 'teacher') in various schools. Total number of posts advertised were 28, out of which 11 posts were reserved for women candidates. These 11 posts of reserved category were to be distributed among the candidates of Scheduled Caste, Scheduled Tribe and Other Backward Classes and also of the General category. For women category, only two posts were allotted-- one post of teacher in Arts faculty and another post of teacher in Science faculty. The petitioner applied for the post of Teacher in the Arts faculty against the post meant for women general category. The respondents No. 5 and 6 also applied for their appointment as Teachers against the post reserved for Other Backward Classes. After selection, a select list was published and the petitioner was shown as having been selected for the post of Arts Teacher in general category. Accordingly, an order of appointment was issued by the Chief Executive Officer, Janpad Panchayat, Majholi, District Sidhi (M. P.), and the petitioner was posted in Middle School, Chuwahi, Centre Pand, District Sidhi. The petitioner was thereafter called upon to execute an agreement with the Janpad Panchayat, Majholi and she executed such an agreement. Thereafter, she joined as a Teacher of Arts and started working. After she had put in work for one month, the Chief Executive Officer, Janpad Panchayat, Majholi, District Sidhi issued an order on 17-9-2001 stating therein that selection of the petitioner has been wrongly done and therefore her appointment was cancelled.

(2.) AFTER receiving the said order dated 17-9-2001, the petitioner filed an appeal before the Collector, Sidhi, stating therein that she was not given an opportunity of hearing and that she was rightly selected and her appointment could not be cancelled. The appeal was entertained, show-cause notice was issued to the Chief Executive Officer, Janpad Panchayat, Majholi, District Sidhi and the petitioner was permitted to continue on the post of Arts Teacher. But, thereafter the Collector, Sidhi, after considering the reply of the respondents and after hearing the parties, dismissed the appeal vide order dated 16-12-2002. Against the order dated 16-12-2002 passed by the Collector, Sidhi, the petitioner filed a revision petition before the Commissioner, Rewa Division, Rewa. The Commissioner Rewa Division, passed and interim order on 21-1-2003 by virtue of which, the petitioner continued to work on the post, but finally the Commissioner Rewa Division, dismissed the revision by order dated 27-9-2004.

(3.) AGGRIEVED by the said order dated 27-9-2004, the petitioner has filed this writ petition under Article 226 of the Constitution of India praying inter alia to quash the order dated 27-9-2004 passed by the Commissioner, Rewa Division. The petitioner has also prayed to declare Sub-clause (ii) of Sub-rule (8) of Rule 5 of the Madhya Pradesh Panchayat Samvida Shala Shikshak (Appointment and Condition of Service) Rules, 2001 (for short 'rules of 2001') as ultra-vires.