MUKESH KUMAR SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner was initially appointed as Shikshakarmi. This appointment was for the session 1995 -96. After this the petitioner was reappointed. This was for the session 1996 -97. This reappointment was challenged by preferring a petition be four the Collector. The order passed by the Collector is Annexure P -5. The matter was taken before the Commissioner, Gwalior Division, Gwalior. An order came to be passed by the commissioner. This is Annoxure P -1. The decision, annexures P -1 and P -5, went against the petitioner. This was basically on the ground that the petitioner was not the resident of local area.

(2.) IT be also seen that the respondent authority came to the conclusion that respondent No. 5 is more meritorious. This aspect of the matter was kept in view and a direction was given that respondent No. 5 be given appointment. It is this order, which is being challenged in this Court.

(3.) IT be seen that so far as the requirement as to residence is concerned that was done way back when further instructions were given by the State Government on 29th September 1994. Therefore, the petitioner could not be debarred. Even otherwise at present there is no disqualification on the basis of residence.