JAI DINESH VERMA Vs. STATE OF M P

JUDGEMENT

(1.) ONE, amongst several questions raised and falling for determination in the present writ petitions filed under Articles 226/227 of the Constitution of India is as follows :-Whether the remedy provided under Rule 12 of the M. P. Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Rules, 1997 is confined to the remedy of appeal or the same extends to the remedy of revision, as provided under Section 91 of the M. P. Panchayat Raj Act, 1993 read with Rule 5 of the M. P. Panchayat (Appeal and Revision) Rules, 1995.

(2.) DECISION of the aforesaid question requires reference to the following statutory provision. Government of Madhya Pradesh in exercise of the powers conferred under Section 53 (2), Section 70 (1) read with Section 95 of the M. P. Panchayat Raj Act, 1993 framed the Madhya Pradesh Panchayat Shiksha Karmi (Recruitment and Condition of Service) Rules, 1997 (hereinafter referred to as the Recruitment Rules ). Rule 12 of the Recruitment Rules provides as follows : -

(3.) AFTER quoting the relevant statutory provisions, I proceed to consider the submissions made by learned counsel for the petitioners. They have drawn my attention to Rule 12 of the Recruitment Rules and contend that when this rule has provided for "appeal against the order passed" remedy of revision is not available to the petitioners. They submit that the expression "appeal" used in Rule 12 of the Recruitment Rules cannot be read to mean and include revision as this would amount to adding words in the statute which is impermissible. Their further submission is that "appeal and revision" are words well known in law and when the rule making authority has not included the word revision in Rule 12 of the Recruitment Rules, one can safely infer that the rule making authority purposely did not intend to give remedy of revision to the aggrieved person. Learned counsel representing the State of M. P. , however, contends that the remedy provided under Rule 12 of the Recruitment Rules cannot be confined to the remedy of appeal only.