SANTOSH KUMAR DUBEY Vs. STATE OF M.P.

JUDGEMENT

(1.) The order in this petition shall also decide the connected petition W.P. No.1986/97 (Sharad Kumar Shrivastava v. State of M.P. and others) in which the subject matter is identical.

(2.) THE petitioner Santosh Kumar Dubey claims appointment on the basis of his selection by a regular procedure for the post of Lower Division Clerk in Janpad Panchayat, Vijay Raghavgarh.

(3.) THE recruitment to Panchayat services is regulated by service rules named M.P. Janpad Panchayat (Employees, Classification, Recruitment and Conditions of Service) Rules, 1976 (for short 'the Rules') framed under the provisions of M.P. Panchayat Raj Adhiniyam made under M.P. Panchayat Act, 1962 repealed by the new Act - of 1981. The rules framed under the repealed Act survive in the absence of new Rules framed under the new Act. The procedure for direct recruitment is regulated by Rules 5 (3). The detailed procedure laid down for regular appointment to the post requires constitution of a selection committee consisting of Members specified and preparation of a selection panel on the basis of which appointments are to be made to the vacant posts in the order of merit assigned to the candidates in the select list. The relevant part of the Rule 5 (3) to 8 is as under : -