OMPRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SIX questions have been referred to this Bench for answer.

(2.) THE Madhya Pradesh Educational Service (Collegiate Branch) Recruitment rules, 1967 (hereinafter called the 'recruitment Rules') came into force with effect from May 2, 1969. Rule 13 (5) provides for emergency appointment. It reads thus:--

(3.) THE case for the State Government (respondent No. 1) is that since complaints challenging the impartiality of the experts for the interview held in 1973 were received, the Government decided to have a thorough high level probe. However, that enquiry is still pending and no appointment order on the basis of the recommendations of the Public Service Commission made in 1973, has been made. By virtue of the executive instructions, the list of 1973 lapsed on the expiry of one year so that the list of 1973 became inoperative. The selection by the Public Service Commission does not create any title to the post in any candidate. The Public Service Commission is merely ,a recommending body whose recommendations are not at all binding on the State Government. The Commission's decision about the eligibility or otherwise of the candidates is final as per Rule 11 of the Recruitment Rules.