LAWS(MPH)-1997-12-27

ARUN TIWARI Vs. ZILA MANSAVI SHIKSHAK SANGH

Decided On December 01, 1997
Arun Tiwari Appellant
V/S
ZILA MANSAVI SHIKSHAK SANGH Respondents

JUDGEMENT

(1.) DELAY in S.L.P. (C) Nos. 10462, 14389 and 26032 of 1995 is condoned.

(2.) LEAVE in S.L.P. (C) Nos. 10462, 14389, 26032 of 1995 and 4579 of 1997 is granted.

(3.) CIVIL Appeal No. 77 of 1995 and appeals arising from the four special leave petitions are from a judgment and order of the Madhya Pradesh Administrative Tribunal at Jabalpur, dated 18.3.1994 in a group of applications challenging the amendments made in the Madhya Pradesh Non -Gazetted Class III Education Service (Non -Collegiate Service) Recruitment and Promotion Rules, 1973 by a notification published in Madhya Pradesh Government Gazette (Extra Ordinary) dated 10.5.1993 and another notification published in Madhya Pradesh Government Gazette (Extra Ordinary) dated 7.6.1993; as also the circulars of the School Education Department dated 5.8.1993 and 9.8.1993. By the impugned judgment and order, the Madhya Pradesh Administrative Tribunal struck down the two amendments and the circulars. These related to criteria and procedure for selection of Assistant Teachers in the Madhya Pradesh Education Service under the Operation Black Board Scheme. As a result, selection of around 7000 Assistant Teachers and the ongoing process of selection of such teachers in some districts was set aside at the instance of the applicants who were persons not eligible for selection under the impugned amendments.