Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Recruitment of teachers |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Recruitment of teachers - Under a project - By amendment of recruitment rules - Selection of some candidates stopped - By interim order of Court while considering validity of the amendment - Appointment of selected candidates after the amendment was upheld - Candidates whose selection was stopped, claiming appointment - Denied by State - Administrative Tribunal directing completion of selection process - High Court directing their appointment on sympathetic considerations - On appeal, held: No appointment could be made by the State in view of incomplete selection process - Action of the State being bonafide could not be challenged - Ordinarily a Writ Court should not act on the basis of sympathy alone, in absence of any legal right - Madhya Pradesh Non-Gazetted Class III Education Service (Non-Collegiate Service) Recruitment and Promotion Rules, 1973 - r. 10(3). Government of India launched a Project which was required to be implemented within Eighth Plan period. In terms thereof teachers were required to be appointed. With a view to expedite the implementation in the State of Madhya Pradesh, Rule 10(3) of Madhya Pradesh Non-Gazetted Class III Education Service (Non-Collegiate Service) Recruitment and Promotion Rules, 1973 was amended for recruitment of Assistant Teachers. Selection Committees were constituted for recruitment in every district for selection to be made districtwise. Appointments were to be made in phases. Administrative Tribunal in a case wherein validity of s. 10(3) was challenged, by an interim order stayed the appointments of selected candidates made in terms of the Scheme. Preparation of Select List for Damoh District was stopped in view of the interim order. No tabulation was done in respect of the interviews of the candidates. Tribunal subsequently declared the amendment illegal. However the order of Tribunal was stayed by this court. Pursuant thereto State Government offered appointments in favour of the selected candidates except those who had been interviewed by the Selection Committee of Damoh District. Ultimately the selection process was upheld by this court. The candidates who have been interviewed filed application before the Tribunal for issuance of appointment letter to them. Tribunal directed to complete the aborted process of selection. State's Writ Petition thereagainst was dismissed by High Court in view of the peculiarity of the case without going into the merit. Hence the present appeals. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1033 |
Petitioner | State Of M.p. And Ors. |
Respondent | Sanja Y Kumar Pathak And Ors. |
SCR | [2007] 10 S.C.R. 951 |
Judgement Date | 2007-10-10 |
Case Number | 1062 |
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