MOHD. YUSUF Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS order shall dispose of W.P. No. 3942/98 (Mohammad Yusuf v. State of M.P. and another), writ petition No. 3543/98 (Ramratan Patel v. The State of M.P. and others), W.P. 3545/98 (Devaki Nandan Soni and others v. State of M.P. and others, W.P. 3166/98 (Rajkumar Sahu v. The Deputy Director of Education, Jabalpur and others), W.P. No. 3559/98 (Virendra Kumar Dwivedi v. The State of M.P. and others), W.P. No. 3812/98 (P.K. Tiwari v. State of M.P. and others), W.P. No. 3832/98 (Madan Gopal Khare v. State of M.P. and others), W.P. 3833/98 (Param Lal Gupta v. The State of M.P. and others), W.P. No. 3842/98 (Sangeeta Namdev and another v. State or M.P. and others), W.P. 3847/98 (Triveni Bai Rai v. State of M.P. and others), W.P. 3853/98 (Poonam Mishra v. State of M.P. and others), W.P. No. 3854/98 (Ku. Rajni Garg and Ors. v. The Janpad Panchayat and others), W.P. No. 3855/98 (Ku. Sangeeta Sharma v. State of M.P. and others), W.P. No. 3867/98 (Baidyaraj Dubey v. State of M.P. and others), W.P. 3922/98 (Mohini Tiwari v. Municipal Corporation. Jabalpur), W.P. 3949/98 (Arvind Kumar Khare v. State of M.P. and others), W.P. No. 3950/98 (Kushal Singh Chauhan v. The State of M.P. and others), W.P. 3876/98 (Anirudh Kumar Sharma v. State of M.P. and others), W.P. 3877/98 (Ku. Kalpana Rajpur v. State of M.P. and others), W.P. 3878/98 (Ku. Nandini Pandey v. State of M.P. and others), W.P. 3879/98 (Ku. Prabha Rajput v. State of M.P. and others), W.P. 3880/98 (Shyam Narayan Dwivedi and another v. State of M.P. and others), W.P. 3893/98 (Omprakash Tiwari and others v. State of M.P. and others), W.P. 3900/98 (Shivkumar and another v. The State of M.P. and others), W.P. No. 3907/98 (Smt. Urmial Sahu v. The State of M.P. and others), W.P. 3909/98 (Tamsingh Thakur v. State of M.P. and others), W.P. No. 3913/98 (Tarapad v. State of M.P. and others) and W.P. No. 3932/98 (Pannalal Tiwari v. State of M.P. and others).

(2.) BY Notification No. F -20 -95 -XXII -P -2, dated 1st January, 1998, in exercise of the powers conferred by sub -Section (2) of Section 70 read with sub Section (1) of Section 95 of M.P. Panchayat Raj Adhiniyam, 1993 (No.1 of 1994), the State Government made rules called as M.P. Panchayat Shiksha Karrnis (Recruitment and Conditions of Service) Rules, 1997. According to rule 1, the said Rules would come into force with effect from the date of their final publication in M.P. Gazette. Undisputedly the rules have already been published and have come into force. By Notification No. F -20 -95 -XXII -P -2, dated 13th April, 98 in exercise of the same powers, the State Government made certain amendments in M.P. Panchayat Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1997 (hereinafter referred to as 'Panchayat Appointment Rules'). By the amendment sub -clause (b) of clause (i) of sub -rule (9) of Rule 5 was amended and Schedule II was also amended.

(3.) IN Panchayat Appointment Rules, 'Adhiniyam' means the Panchayat Raj Adhiniyam, 1993, 'Appointing Authority' in respect of Shikshakarmis means the authority mentioned in column 5 of Schedule I of the Rules, 'Panchayat' means Zila Panchayat or Janpad Panchayat, as the case may he constituted under the Adhiniyam, 'Shikshakarmi' means the person appointed by Zila Panchayat or Janpad Panchayat and 'Standing Committee constituted under the Act.