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1998 DIGILAW 532 (MP)

Rishikesh Sharma v. Janpad Panchayat Kailaras

1998-07-28

S.P.SRIVASTAVA

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JUDGMENT Petitioner had applied for an appointment on the post of Shiksha Karmi in the Janpad Panchayat, Kelaras, District-Morena. However, vide the order dated 5.1.96 the Janpad Panchayat granted appointment to persons other than petitioner. An appeal against the aforesaid order which amounted to the rejection of the application of the applicant/petitioner seeking appointment on the post of Shiksha Karmi was filed by him before the Collector, Morena. During the pendancy of the aforesaid appeal the petitioner had moved an application 23.7.96 praying for the dismissal of the appeal as he did not want to prosecute the same. The Collector, however, vide the order dated 6.8.96 dismissed the appeal observing that in case the selection had not been in accordance with the relevant Rules, fresh appointment be made on the post of Shiksha Karmi and accordance with law. The matter in regard to the filling up of the vacancies in the posts of Shiksha Karmi came up for consideration before the Hon'ble Apex Court, in the case of State of M.P. & another v. Dinesh Kumar (C.A.No. 4032 of 1995) decided on 21.10.97 the Hon'ble Apex Court taking notice of the Madhya Pradesh Shiksha Karmi Recruitment and Conditions of Service) Rules, 1997 observed that the vacancies on the post of Shiksha Karmi shall be filled up in accordance with the Rules and the Shiksha Karmis already working shall be continued till the end of the academic session i.e. 30th of April, 98. The appointments in question made by the Janpad Panchayat were on purely temporary basis and were to terminate automatically by the end of the academic session 1995-96. It is not disputed that the fresh selection pursuant to the order of Hon'ble Apex Court has not yet been completed. Learned counsel for the petitioner stated that the petitioner has also moved application seeking appointment on the post of Shiksha Karmi. In the aforesaid view of the matter, in fact this petition has been rendered infructuous. In any case, no ground is made out for any interference by this Court while exercising the extraordinary jurisdiction envisaged under Article 226 of the Constitution of India. The petition is, therefore, dismissed summarily.