DALPRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall also govern the disposal of (Misc. Petition no. 266 of 1977 Dr. Hari Narayan Chaurasia and another v. The State of M. P. and others and (Misc. Petition No. 378 of 1977 Shrimati Pratibha Dube v. State of M. P. and others) since all these petitions involve common questions.

(2.) ALL these petitioners were appointed Lecturers in different subjects on emergency basis under clause (5) of Rule 12 of the Madhya Pradesh Educational service (Collegiate Branch) Recruitment Rules, 1967 (here-in-after referred to as 'the Rules' in different colleges of the State. Thereafter the emergency appointments of these petitioners have been terminated because of regular appointments made to those posts in accordance with the pane) of selected candidates prepared by the State Public Service Commission and duly forwarded to the State Government, after due advertisement of the posts. These regular appointments have been made in accordance with sub-rule (2) of Rule 12 of the said Rules on the basis of the Commission's panel forwarded in accordance with sub-rule (1) thereof. The persons so appointed to these posts are impleaded as respondents in these petitions, in addition to the State of Madhya pradesh and the State Public Service Commission who are impleaded as respondents Nos. 1 and 2 in each of these cases. The petitioners had also applied for regular appointment to these posts pursuant to the advertisement made by the State Public Service Commission, but they were not called for interview because they did not satisfy the criterion fixed for calling eligible candidates for interview by the Commission. All these petitioners had obtained Third division in their Bachelor's Degree Examination and according to the criterion fixed, no candidate who had not obtained at least a Second Division in the bachelor's degree Examination was called for interview by the Commission from amongst eligible candidates who had applied for the posts of Lecturers in sociology, Geography and Political Science with which subjects alone we are concerned in these three petitioners, because all these petitioners were applicants only for the posts of lecturers in the colleges in these three subjects.

(3.) THE substantial grievance of all the petitioners in these three petitions is that they could not be screened out from amongst the eligible candidates merely on the ground that they had all obtained only a Third Division in the bachelor's Degree Examination and were not at least Second Class Graduates as required by the criterion fixed for calling the eligible candidates for interview by the Commission.