KALYAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) CHALLENGING the orders passed by the Sub-Divisional officer, the Collector and the Commissioner in proceedings initiated by the petitioner in the matter of awarding marks for 'experience' for having worked in a School pertaining to appointment of Samvida Shala Shikshak, petitioner has filed this petition.

(2.) PETITIONER claims to be a holder of B. Com and M. Com Degree and after passing the B. Ed Examination it is stated that he was working as a Upper Division Teacher in SBBP Naveen Vidya Bhawan Higher Secondary School, Barman, district Narsinghpur (hereinafter referred to as 'school' ). It is stated that the school is receiving 100% grant from the State Government and is an aided institute within the meaning of Madhya Pradesh Panchayat Samvida Shala Shikshak (Appointment and Conditions of Service) Rules, 2001 (hereinafter referred to as 'rules of 2001' ). When the Janpad Panchayat, Sagar issued an advertisement for various Janpad Panchayats, including Janpad Panchayat Deori, for appointments on the post of Samvida Shala Shikshak Class I, II and III, petitioner submitted his candidature for appointment to the said post. On the basis of marks obtained by the petitioner in the qualifying examination and the experience for working in the School, his claim was considered and following marks were awarded to him, for the qualifying examination, petitioner was awarded 38. 55 marks; for the five years experience of working in the School, 20 marks were awarded; and, for the B. Ed Degree obtained, 10 marks were awarded. Accordingly, petitioner received 68. 55 marks and was placed at Serial no. 1 in the select list. However, the aforesaid selection was challenged by one raghuveer Prasad Dubey in Writ Petition No. 3517/2003, on the ground that until and unless requisite amendments are made in the recruitment rule, awarding marks on the basis of a Circular issued by the School Education Department on 14. 3. 2002 is not permissible.

(3.) IT was the case of the petitioner Shri Raghuveer Prasad Dubey in the said petition that without amending the Rules of 2001, awarding of marks as per the circular is unsustainable. Initially an interim order was passed in the said writ petition, but subsequently after the amendments were made in the recruitment rules, the petition was disposed of as having been rendered infructuous.