AJAY TRIPATHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India the petitioners are challenging the constitutional validity of Madhya Pradesh panchayat Samvida Shala Shikshak (Employment and Conditions of Contract)Rules, 2005 (hereinafter referred to as 'rules of 2005') as ultra vires the constitution of India and being violative of the provisions of Madhya Pradesh panchayat Raj Awam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "panchayats Act 1993' ). They are also seeking a direction that the Court may by issuing appropriate writ, direction or order strike down sub-rules (1) to (13) of rule 6 of 2005 Rules and the Court may issue appropriate writ declaring that madhya Pradesh Panchayat Samvida Shala Shikshak (Employment and conditions of Services) Rules, 2001, dated 11-7-2001 to be valid piece of legislation and issue appropriate writ, direction or order quashing the entire process of selection of Samvida Shala Shikshak which commences from 4-5-2006.

(2.) ACCORDING to the petitioners, the petitioners are elected Vice president of Janpad Panchayat falling within territorial jurisdiction of Zila panchayat, Jabalpur. They are interested and concerned in maintaining power, authority and responsibilities of the Panchayats. According to them the State government cannot enact any law which runs contrary to Article 243-G of the constitution of India and/or Section 47 of the Panchayat Act.

(3.) FOR proper appreciation of the dispute between the parties it would be necessary to note that before coming into force of 2005 Rules, the appointment of Samvida Shala Shikshak was to be governed and controlled by madhya Pradesh Panchayat Samvida Shala Shikshak (Appointment and conditions of Service) Rules, 2001. The said Rules provided that the appointments shall be made by a Selection Committee as provided under Rules 2 (c) and 5 of the said Rules. The Samvida Shala Shikshak were classified into class I, Class II and Class III, for Class I Appointing Authority was Zila panchayat while for Class II and Class III Appointing Authority was Janpad panchayat. The Schedule II provided for constitution of different committees for selection and appointment of Class I, Class II and Class III Samvida shikshak. Number of appointments were made under the said Rule and such appointments came to be challenged before various authorities on ground of illegalities, nepotism, favoritism and fraudulent action on the part of the appointing Authority. However, we would not discuss the said matter further because we are concerned with the Rules of 2005.