GUNJITA GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) IN this batch of writ appeals, the appellants, Samvida shala Shikshak Grade-II and Grade-III, working in the janpad Panchayat Sahahpura, have challenged the order dated 23. 9. 2008 passed by the learned single Judge in W. P. No. 7299/2008 (S) whereby he has allowed the said writ petition filed by the original writ-petitioner, namely, Miss kanchan Upadhyay and further directed to take action for cancelling the entire selection and to conduct fresh selection in accordance with law. The present appeals have been preferred by the candidates who were selected and have been directed to be terminated by the authorities concerned on the basis of the impugned judgment though they were not parties before the learned single Judge.

(2.) THE factual matrix giving rise to the grievance of the appellants is that the original petitioner, Miss Kanchan upadhyay, had filed the petition before this Court asserting that she had applied her candidature for the post of samvida Shala Shikshak in pursuance of the advertisement dated 29. 4. 2006 issued by the Janpad Panchayat Shahpura, dist. Jabalpur. According to her, she appeared in the selection process held in the year 2005 and obtained 47. 65% marks but due to certain anomalies that ensued in the process of selection she was not appointed whereas the candidates who had received lesser marks and also not eligible, were given appointments contrary to the statutory rules and requirement of the advertisement.

(3.) TAKING note of the grievance of the original-writ petitioner and the return submitted by the respondents on being noticed to show cause, the learned single Judge found that various irregularities had come to light in the process of selection conducted in Janpad Panchayat, Shahpura in pursuance of the advertisement dated 29-4-2006 at the level of the then Chief Executive Officer and Block education Officer. It was brought to the notice of the learned single Judge that for the irregularities committed by these persons they had been issued charge-sheets and enquiry was in progress. As the large scale irregularities came to light and facts got established on record that original writ-petitioner in spite of being eligible to be included in the merit list was not appointed and persons who had received lesser marks than her i. e. even 27. 42% were appointed, the learned single Judge reached a finding that the entire selection conducted in the matter of recruitment of Samvida Shala Shikshak Grade-II and Grade-III in Janpad Panchayat, Shahpura is vitiated and the entire selection is liable to be quashed and the Collector should be directed to proceed in the matter for making fresh appointment in accordance with law. The finding as such appears to be arrived at by the learned single Judge on the basis that the irregularities are such that entire selection stands vitiated and it is not possible to differentiate between properly selected candidates and illegally selected candidates on the basis of the material that have come on record.