GAJENDRA SINGH ARYA Vs. STATE OF M.P.

JUDGEMENT

(1.) BOTH writ petitions have been directed to be heard together. Prayer of the petitioners in both the writ petitions filed under Article 227 of the Constitution of India is to quash the order of the Collector who in exercise of its appellate power under Rule 12 of the M.P. Panchayat Shiksha Karmi (Recruitment and Condition of Service) Rules 1997 (hereinafter referred to as the Rules) rescinded the appointments of the petitioners as Shiksha Karmi Grade III. It is the stand of the petitioner that against the order of Collector no further remedy is provided under the Rules and hence they have no option than to approach this Court in its writ jurisdiction. Stand of the respondents, however, is that under Rule 5 of the M.P. Panchayat (Appeal and Revision) Rules 1995 (hereinafter referred to as the Appeal and Revision Rules) petitioners have remedy of revision. It is not in controversy that petitioners as such were not impleaded as party but the Collector by the impugned order has specifically set aside their appointments.

(2.) MR . K.K. Trivedi appears on behalf of the petitioners in W. r. No. 1620/99 whereas respondents 1 and 2 are represented by Shri Sanjay Agrawal, respondent No. 3 by Shri R.S. Jaiswal and respondents 4 to 7 Shri Alok Aradhey. Shri Alok Aradhe appears for the petitioner in Writ Petition No. 2003/99 whereas Shri Sanjay Agrawal appears on behalf of respondents 1, 3, 4 and 5. respondent No. 2 was represented by Miss Rama Gupta.

(3.) RULE 5 of the M.P. Panchayat (Appeal and Revision) Rules, 1995, reads as follows: - -