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1978 DIGILAW 365 (MP)

Sunderlalji Patni v. State of M. P.

1978-04-18

G.P.SINGH, R.K.TANKHA

body1978
Short Note : The petitioners were Lecturers in the Municipal Higher Secondary School, Seoni-Malwa. The school was taken over by the Government on 1st October, 1969. By order, dated 17th July 1972, the petitioners were absorbed as Upper Division Teachers in Government service. The petitioners then filed this petition under Article 226 of the Constitution for quashing the said order and for directing the State Government and other respondents to absorb them as Lecturers in Government Service. Held: The question to be decided in this petition is as to what were the qualifications for appointment as Lecturers in Government schools in the year 1969 when the Municipal Higher Secondary School, Seoni-Malwa, was taken over by the Government. As the Government had not produced any material to throw light on this question, we directed the Government Advocate on 26th October, 1977 to produce the relevant order or material on this point. This case again came up before us on 19th November 1977 and the learned Government Advocate took 15 days further time for the same purpose. Even now, in spite of the fact that more than sufficient time was granted to the respondents to produce the necessary material before us, the respondents have failed to produce any order or material to show that a Post-Graduate Degree was a necessary qualification for a person to be appointed as Lecturer. In view of the fact that in spite of the opportunities being given, the Government has failed to produce the necessary material before us, we must draw an adverse inference against the Government and it must be presumed that the qualifications that were prescribed for the years 1959-60 continued for the subsequent years and also for the year 1969 as is the case of the petitioners. It is not disputed before us that the petitioners fulfilled those qualifications. They are trained Graduates. They also had 7 years experience of teaching when Municipal Higher Secondary School, Seoni-Malwa, was taken over by the Government. The petitioners, therefore, ought to have been absorbed as Lecturers in Government service. Petition allowed.