SURESH KUMAR GUPTA Vs. STATE OF M.R

JUDGEMENT

(1.) THE petitioner has filed this petition challenging the order, Annexure P -1 dated 4.6.2001. By the aforesaid order it has been held that the appointment of the petitioner was illegal hence his services be terminated forthwith.

(2.) RESPONDENT No. 3 is a Society, registered under the provisions of Societies Registration Act. It is running a Higher Secondary School at Dabra. There was a post fallen vacant hence Society - respondent No. 3 submitted an application on 27.7.1990 to the Joint Director of Education, Gwalior Division, Gwalior for the purpose of appointment and filling of the post as per provisions of Madhya Pradesh Non -Government Educational Institutions (Teachers and Employees Recruitment and Services) Rules, 1979. The Joint Director of Education granted permission to respondent No. 3, Institution for the purpose of filling of the post of Lecturer (Sanskrit), copy of the order has been filed as Annexure P -5 dated 14.9.1990. Consequently, the institution issued an advertisement in a local news paper with regard to selection and appointment on the post of Lecturer (Sanskrit), copy of the advertisement has been filed as Annexure P -6. In pursuance to the said advertisement the petitioner applied for the aforesaid post and a selection committee was constituted by the Divisional Superintendent, Education, copy of the order has been filed as Annexure P -7 dated 22.11.1990. The Committee after following proper procedure selected the petitioner on the post of Lecturer (Sanskrit). Consequently, an appointment order in favour of petitioner has been issued, copy of which has been filed as Annexure P -2 dated 3.12.1990.

(3.) INITIALLY , the respondent No. 3 has filed the return on 22.10.2001. In the aforesaid return the respondent No. 2 has supported the case of the petitioner and stated that the order passed by the Government, Annexure P -l was illegal.