MADAN MOHAN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) UNDER the discretionary powers provided by Rule 296 of the Rajasthan Panchayati Raj Rules, 1996, the State Government appointed Madan Mohan Sharma and Dharmendra Kumar Sharma (MMS and DKS) on the post of Teacher Grade III in the year 2000. The persons who were more meritorious than MMS and DKS filed writ petitions seeking their appointment on the post of Teacher Grade III and quashing the appointment of MMS and DKS. Learned Single Judge vide order dated February 12, 2001 struck down Rule 296 and quashed the appointment of MMS and DKS. The prayer of the meritorious persons for appointing them on the said post was also declined. It is against this order of the learned Single Judge that these 73 appeals have been filed.

(2.) CONTEXTUAL facts depict that on May 25, 1996 the posts of Teacher Grade III were advertised by Zila Parishad Sawai Madhopur wherein it was stipulated that the selection process will be held in terms of the Circular dated July 24, 1995 issued by the State Government in exercise of powers under Rule 17 (2) of Rajasthan Panchayat Samitis and Zila Parishad Act, 1959. Last date of submitting the applications and documents in support of the eligibility and merit was fixed as June 17, 1996. In the Circular dated July 24, 1995 it was stated that the marks secured by a candidate in Secondary and B. Ed/bstc course shall constitute the basis of preparing his merit for appointment on the post of Teacher Grade III.

(3.) THEREAFTER the State Government and Zila Parishad Sawai Madhopur on the basis of retrospective revival of Circular dated July 24, 1995 proceeded to make appointment on the basis of Secondary qualification.