SHYAMA DWIVEDI Vs. STATE OF M P

JUDGEMENT

(1.) Challenging the orders passed by the Collector, District Chhatarpur on 2.6.99 vide Annexure P/21, holding appointment of the petitioners on the post of Shiksha Karmi - Grade III as illegal and setting aside the same, further challenging the order-dated 14.3.2000 passed by the Commissioner, Sagar Division dismissing the revision petition filed by the petitioners, and affirming the order (Annexure P/21) passed by the Collector, petitioners have filed this petition under Article 226/227 of the Constitution.

(2.) It is the case of the petitioners that they were duly appointed after selection on merits on the post of Shiksha Karmi - Grade III, by the Janpad Panchayat Gaurihar vide order-dated 17.9.98, that their appointments were made after complying with the requirements of M.P. Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules 1997 [hereinafter referred to as the 'Rules of 1997']. Being aggrieved by appointment of the petitioners it is stated that one Kunwar Vijay Bahadur Singh Bundela challenged the same by filing an appeal before Collector, Chhatarpur and the Collector vide order-dated 31.8.98 (Annexure P/17) quashed the entire selection and remanded the matter back for fresh selection. In pursuance to the directions passed by the Collector vide Annexure P/17 on 31.8.98, fresh process of selection was conducted, select list was prepared, it was finally published on 16.9.98 and 249 candidates were notified for appointment, after conducting the process of selection. Orders of appointment were issued on 17.9.98 vide Annexure P/18. Name of the petitioners appear in the aforesaid selection list. On selection petitioners joined the selected post and after the petitioners had joined the selected post, respondent No.4 Smt. Archana Mishra aggrieved by her non-selection preferred an appeal before the Collector Chhatarpur. Various allegations were made in the appeal filed by respondent Archana Mishra, as contained in Annexure P/20. However, without hearing the petitioners, without issuing notice to them and on the basis of the submissions made by the respondent and after hearing the Janpad Panchayat, finding selection of the 11 petitioners to be vitiated the Collector quashed the order of appointment vide Annexure P/21, dated 2.6.99.

(3.) Being aggrieved by this order petitioners herein preferred revision before the Commissioner, Sagar Division and the Commissioner vide order-dated 14.3.2000 (Annexure P/22) has dismissed the revision petition and, therefore, petitioners are before' this Court challenging the orders passed by the Collector and the Commissioner i.e.. the appellate authority and the revisional authority.