DINESH KUMAR MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition, the petitioner has challenged his non -selection for the post of Shiksha Karmi in Janpad Panchayat Amarpatan as also the selection of the respondent 4 to 8. Learned counsel submits that although the petitioner had higher percentage of marks, the petitioner was not selected and persons with lower merit, namely respondent No.4 to 8, were selected. This Court in Mohd. Yusuf v. State of M.P. and anr. [W.P. No. 3942/1998 decided on 8.9.1998] has already held that a person not selected for the post of Shiksha Karmi can challenge the same in accordance with Rule 12 of the "M.P. Shiksha Karmis (Recruitment and conditions of Services) Rules, 1997, in accordance with the provisions of "M.P. Panchayat Raj Adhiniyam" which provides for appeal and revision u/s 91 of the said Act. Rules have also been framed called the "M.P. Panchayat (Appeal and Revision) Rules, 1995 which provide for an appeal to the authorities mentioned therein against the orders of the Panchayat. Learned .counsel for the petitioner, however, submits that since a copy of the order has not been supplied to him, he could not prefer an appeal in accordance with the said Appeal and Revision Rules. The petitioner is free to mention this fact in the appeal if he is desirous of challenging his non -selection and the selection of the respondents 4 to 8.

(2.) THE petition is, accordingly, dismissed with liberty to the petitioner to file an appeal within three weeks from the date of this order against the non -selection of the petitioner and the selection of the respondent 4 to 8.