K M SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall also govern the disposal of Miscellaneous Petition No.887 of 1978 (M.P. Shashiya Mahavidyalaya Sikshak Sangh and others v. State of M.P. and others).

(2.) BY these petititions; the petitioner s challenge the vires of Schedule III -A inserted by an amendment to M.P. Educational Service (Collegiate Branch) Recruitment Rules, 1967, mainly on the ground that it violates Article 14 of the Constitution of India inasmuch as it tends to discriminate the teaching staff on the Collegiate branch in Government service from those who are absorbed in Government service as a consequence of the taking over of the Colleges maintained either by the private bodies or by non -Government institutions.

(3.) THE Government took -over certain private Colleges. The Lecturers, Assistant Professors and Professors working in those Colleges have been absorbed in Government service from the date or the taking -over of those Colleges. During this process of absorption, in some cases the existing staff in Government service has become junior to the staff aborbed in Government service from the private Colleges. In certain cases, those who were earlier rejected by the Public Service Commission have now become senior to those who were selected by the Public Service Commission and appointed in Government service.