ROSHINI JAIN Vs. ADDITTIONAL COMMISSIONER

JUDGEMENT

(1.) Petitioner has filed this petition being aggrieved by order dated 15.1.2014, Annexure P/1, passed by the Additional Commissioner, Gwalior Division, Gwalior, vide which the Additional Commissioner dismissed the appeal filed by the present petitioner against the order passed by the Collector, Shivpuri, on 8.1.2013 as is contained in Annexure P/8.

(2.) The brief facts leading to the present petition are that in the year 2008 an advertisement was issued for appointment of Samvida Shala Shikshak Grade III and both the petitioner and private respondent No.4 were candidates to the said selection. Certain facts which are not in dispute are that in terms of the said advertisement, which was issued in terms of the provisions contained in M.P. Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 (in short "the Rules of 2005") vacancies were notified and certain persons upto serial No.74 were granted appointment. Name of respondent No.4 was at serial No.75 and she had secured 27.04 marks. Name of the present petitioner was at serial No.86 and she had also secured 27.04 marks. It is apparent from such list of Samvida Shala Shikshak Grade III unreserved (woman) for the year 2007 that several persons from serial No.69 to 86 had secured 27.04 marks and their names were arranged in the order of their date of birth i.e. the person who is elder was placed higher in rank than the person who is younger. It is the contention of the petitioner that as none of the candidates from serial No.75 to 85 turned up, appointment order was issued in her favour in the year 2008 and she continuously worked on the post of Samvida Shala Shikshak Grade III till 2011 when respondent No.4 raised an objection to the appointment of present petitioner. It is also not in dispute that present petitioner is continuing to work as Samvida Shala Shikshak Grade III in terms of the interim order passed by this Court.

(3.) Petitioner has raised objection to the order of the Collector and Additional Commissioner mainly on the ground that in terms of the scheme of appointment under the Rules of 2005, a procedure has been laid down for notifying the vacancies and carrying out appointment. It is pointed out that in rule 6(8), it is provided that the concerned Panchayat will issue a notification inviting applications for the vacant post of Samvida Shala Shikshak and the said notification will be published at the local and divisional level at least in one popular newspaper. The terms and conditions of the appointment, age, educational qualification and other qualifications and disqualifications will be as are provided in schedule 2 of the Rules of 2005.