Madhya Pradesh High Court
Remla Solanki vs The State Of Madhya Pradesh on 10 May, 2024
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 10th OF MAY, 2024
W.P. No.1601 OF 2019
BETWEEN:-
1. REMAL SOLANKI S/O M. SOLANKI, AGED
ABOUT 43 YEARS, OCCUPATION - TEACHER,
WORKING ASSISTANT TEACHER GOVT.
PRIMARY SCHOOL MALLPHALLYA, DISTRICT
BURHANPUR (M.P.)
2. KARCHAN SINGH MANDOLI S/O PATILYA
MANDLOI, AGED ABOUT 34 YEARS,
OCCUPATION - TEACHER, WORKING
ASSISTANT TEACHER GOVT. PRIMARY
SCHOOL MALLPHALLYA, DISTRICT
BURHANPUR (M.P.)
3. SARDAR KANSE S/O BHEEM SINGH, AGED
ABOUT 39 YEARS, OCCUPATION - TEACHER,
WORKING ASSISTANT TEACHER GOVT.
PRIMARY SCHOOL MALLPHALLYA, DISTRICT
BURHANPUR (M.P.)
4. KARAM SINGH DODWA S/O BHER SINGH, AGED
ABOUT 40 YEARS, OCCUPATION - TEACHER,
WORKING ASSISTANT TEACHER GOVT.
PRIMARY SCHOOL MALLPHALLYA, DISTRICT
BURHANPUR (M.P.)
......PETITIONERS
(BY SHRI AJAY PAL SINGH - ADVOCATE)
AND
1. STATE OF M. P. THROUGH PRINCIPAL
SECRETARY, SCHOOL EDUCATION, VALLABH,
BHOPAL (M.P.)
2. DISTRICT EDUCATION OFFICER, BURHANPUR
(M.P.)
3. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT BURHANPUR (M.P.)
2
......RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
..................................................................................................................................................
W.P. No.877 OF 2019
BETWEEN:-
DILIP SINGH SASTIYA S/O SHRI BHIM SINGH
SASTIYA, AGED ABOUT 34 YEARS (DOB- 01.01.1984),
OCCUPATION - SAHAYAK ADHYAPAK, GOVT.
PRIMARY SCHOOL PHOOLDHAWADI, BLOCK
BURHANPUR, DISTRICT BURHANPUR R/O VILLAGE
DAVATIYA, POST BORI BUJURG, TAHSIL
NEPANAGAR, DISTRICT BURHANPUR (MADHYA
PRADESH)
....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
................................................................................................................................................
3
W.P. No.878 OF 2019
BETWEEN:-
NARENDRA MAHAJAN S/O SHRI TUKARAM
MAHAJAN, AGED ABOUT 33 YEARS (DOB- 01.01.1985),
OCCUPATION - SAHAYAK ADHYAPAK, GOVT.
PRIMARY SCHOOL BALDI, DISTRICT BURHANPUR,
R/O VILLAGE AND POST DAPORA, TAHSIL AND
DISTRICT BURHANPUR (MADHYA PRADESH)
....PETITIONER
(BY SHRI RAJESH PRASAD DUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
................................................................................................................................................
W.P. No.1816 OF 2019
BETWEEN:-
SEEMA CHOUHAN S/O SHRI SHIVPAL SINGH, AGED
4
ABOUT 39 YEARS, OCCUPATION - SAHAYAK
ADHYAPAK, GOVT. PRIMARY SCHOOL CHARAN
MOHALLA, DISTRICT BURHANPUR, R/O WARD NO.7,
E-TYPE, NEPANAGAR, TAHSIL AND DISTRICT
BURHANPUR (MADHYA PRADESH)
....PETITIONER
(BY SHRI PRATEEK DUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
................................................................................................................................................
W.P. No.1817 OF 2019
BETWEEN:-
SMT. PRATIBHA TULASKAR W/O SHRI HIRALAL,
AGED ABOUT 41 YEARS, OCCUPATION - SAHAYAK
ADHYAPAK, GOVT. PRIMARY SCHOOL CHAMARIYA
KA DERA, DISTRICT BURHANPUR, R/O NEAR INDIRA
GANDHI PUBLIC SCHOOL, TAHSIL AND DISTRICT
5
BURHANPUR (MADHYA PRADESH)
....PETITIONER
(BY SHRI PRATEEK DUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
................................................................................................................................................
W.P. No.1818 OF 2019
BETWEEN:-
DADURAO SANYAS S/O SHRI YASHVANT RAO
SANYAS, AGED ABOUT 46 YEARS, OCCUPATION -
SAHAYAK ADHYAPAK, GOVT. PRIMARY SCHOOL
SUMLAFALYA, DISTRICT BURHANPUR, R/O INSIDE
RAJPURA GATE, BURHANPUR, TAHSIL AND
DISTRICT BURHANPUR (MADHYA PRADESH)
....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
6
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
................................................................................................................................................
W.P. No.1820 OF 2019
BETWEEN:-
MAHENDRA MAHORE S/O SHRI AJAY CHANDRA
MAHORE, AGED ABOUT 33 YEARS, OCCUPATION -
SAHAYAK ADHYAPAK, GOVT. PRIMARY SCHOOL
BALDI, DISTRICT BURHANPUR, R/O A-489, E-TYPE
DOUBLE STORY, WARD NO.6, NEPANAGAR, TAHSIL
NEPANAGAR, DISTRICT BURHANPUR (MADHYA
PRADESH)
....PETITIONER
(BY SHRI RAJESH PRASAD DUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
7
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
................................................................................................................................................
W.P. No.1821 OF 2019
BETWEEN:-
DEVIDAS DEVRAM PATIL S/O SHRI DEVRAM PATIL,
AGED ABOUT 42 YEARS, OCCUPATION - SAHAYAK
ADHYAPAK, GOVT. ADIWASI BALAK ASHRAM
SCHOOL BAHADURPUR (PRIMARY SCHOOL
GARKHEDA), DISTRICT BURHANPUR, R/O A-10,
PRAGATI NAGAR, BEHIND STADIUM GROUND,
BURHANPUR, TAHSIL AND DISTRICT BURHANPUR
(MADHYA PRADESH)
....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
8
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
8. ASSISTANT COMMISSIONER, TRIBAL WORK
DEPARTMENT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
.............................................................................................................................................................................
W.P. No.1822 OF 2019
BETWEEN:-
RAYSINGH SASTIYA S/O SHRI BHURA SINGH
SASTIYA, AGED ABOUT 47 YEARS, OCCUPATION -
SAHAYAK ADHYAPAK, GOVT. PRIMARY SCHOOL
PATELPURA, DISTRICT BURHANPUR, R/O GRAM
AMBA (VAN GRAM), POST BORI BUJURG, TAHSIL
NEPANAGAR, DISTRICT BURHANPUR (MADHYA
PRADESH)
....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
9
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
.............................................................................................................................................................................
W.P. No.1823 OF 2019
BETWEEN:-
RAVINDRA KAKDE S/O SHRI KADU KAKDE, AGED
ABOUT 42 YEARS, OCCUPATION - SAHAYAK
ADHYAPAK, GOVT. PRIMARY SCHOOL BALDI,
DISTRICT BURHANPUR, R/O LAALBAGH, WARD
NO.48, SAPTMRAGI MATA MANDIR, CHICHALA,
TAHSIL AND DISTRICT BURHANPUR (MADHYA
PRADESH)
....PETITIONER
(BY SHRI PRATEEK DUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
10
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
............................................................................................................................................................................
W.P. No.1829 OF 2019
BETWEEN:-
UMESH PRAKASH TAMDE S/O SHRI PRAKASH
TAMDE, AGED ABOUT 32 YEARS, OCCUPATION -
SAHAYAK ADHYAPAK, GOVT. PRIMARY SCHOOL,
BAREGAON KHARD, DISTRICT BURHANPUR, R/O
DATT MANDIR, CHINCHALA, TAHSIL AND DISTRICT
BURHANPUR (MADHYA PRADESH)
....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
11
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
............................................................................................................................................................................
W.P. No.1831 OF 2019
BETWEEN:-
MAHENDRA PATIL S/O SHRI GYANESHWAR PATIL,
AGED ABOUT 43 YEARS, OCCUPATION - SAHAYAK
ADHYAPAK, GOVT. GIRLS PRIMARY SCHOOL
CHAPORA, DISTRICT BURHANPUR, R/O
GOKULDHAM SOCIETY, LODHIPURA ROAD, PLOT
NO.78, NEAR WATER TANK, BURHANPUR, TAHSIL
AND DISTRICT BURHANPUR (MADHYA PRADESH)
....PETITIONER
(BY SHRI RAJESH PRASAD DUBEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
12
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
............................................................................................................................................................................
W.P. No.20592 OF 2019
BETWEEN:-
SANJAY CHOUHAN S/O SHRI GOPAL SINGH
CHOUHAN, AGED ABOUT 37 YEARS, OCCUPATION -
SAMVIDA SHALA SHIKSHAK VARG-3, GOVT.
PRIMARY SCHOOL PIPALYA, DISTRICT
BURHANPUR, R/O JHIRPANJRIYA, POST BORI
BUJURG, TAHSIL NEPANAGAR, DISTRICT
BURHANPUR (MADHYA PRADESH)
....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
13
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
...........................................................................................................................................................................
W.P. No.20601 OF 2019
BETWEEN:-
MENDA SANGATHIYA S/O SHRI NARAYAN
SANGATHIYA, AGED ABOUT 31 YEARS, OCCUPATION
- SAMVIDA SHALA SHIKSHAK VARG-3, GOVT.
PRIMARY SCHOOL SARAY, BLOCK BURHANPUR,
DISTRICT BURHANPUR, R/O DHULKOT, TAHSIL
NEPANAGAR, DISTRICT BURHANPUR (MADHYA
PRADESH)
....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
14
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
..........................................................................................................................................................................
W.P. No.20604 OF 2019
BETWEEN:-
BILLOR SINGH JAMRA S/O SHRI SHIVLAL JAMRA,
AGED ABOUT 37 YEARS, OCCUPATION - SAMVIDA
SHALA SHIKSHAK VARG-3, GOVT. PRIMARY
SCHOOL DOORSINGHFALYA, DISTRICT
BURHANPUR, R/O GADHTAL, POST BORI BUJURG,
TAHSIL AND DISTRICT BURHANPUR (MADHYA
PRADESH)
....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
15
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
............................................................................................................................................................................
W.P. No.20623 OF 2019
BETWEEN:-
SANTOSH KUMAR DEVDE S/O SHRI BUDHA DEVDE,
AGED ABOUT 30 YEARS, OCCUPATION - SAMVIDA
SHALA SHIKSHAK VARG-3, GOVT. PRIMARY
SCHOOL HATYABARI, DISTRICT BURHANPUR, R/O
VILLAGE CHIKHALYA, POST BORI BUJURG, TAHSIL
NEPANAGAR, DISTRICT BURHANPUR (MADHYA
PRADESH)
....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
............................................................................................................................................................................
W.P. No.20626 OF 2019
16
BETWEEN:-
MANOJ KAROLE S/O SHRI SUKHRAM KAROLE,
AGED ABOUT 37 YEARS, OCCUPATION - SAMVIDA
SHALA SHIKSHAK VARG-3, GOVT. PRIMARY
SCHOOL GYANSINGHFALYA, DISTRICT
BURHANPUR, R/O DHULKOT, TAHSIL NEPANAGAR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....PETITIONER
(BY SHRI ASHOK KUMAR GUPTA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, SCHOOL
EDUCATION DEPARTMENT, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY, PANCHAYAT
AND RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
3. COMMISSIONER, PUBLIC INSTRUCTIONS,
BHOPAL (MADHYA PRADESH)
4. COLLECTOR, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
5. CHIEF EXECUTIVE OFFICER, ZILA
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
6. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, BURHANPUR, DISTRICT
BURHANPUR (MADHYA PRADESH)
7. DISTRICT EDUCATION OFFICER, BURHANPUR,
DISTRICT BURHANPUR (MADHYA PRADESH)
....RESPONDENTS
(BY SHRI GIRISH KEKRE - GOVERNMENT ADVOCATE)
................................................................................................................................................
Reserved on : 16.04.2024
Pronounced on : 10.05.2024
................................................................................................................................................
These petitions having been heard and reserved for orders, coming
on for pronouncement this day, the Court pronounced the following:
17
ORDER
Since this batch of petitions is filed under Article 226 of the
Constitution of India against the decision of the respondents unilaterally
terminating the services of the petitioners from the post of Samvida
Shala Shikshak/Sahayak Adhyapak, therefore, the petitions have been
heard analogously and are being decided concomitantly by this common
order.
2. However, for the purpose of convenience the facts of W.P.
No.1601/2019 are being taken up. The impugned order in this case dated
05.01.2019 (Annexure-P/6) reads as under:-
"dk;kZy; tuin iapk;r] cqjgkuiqj
rglhy ifjlj] cqjgkuiqj Qksu ua- 07325-252320 [email protected]
dzekd@t-iapk@2019@11 cqjgkuiqj] fnukad 05-01-2019
vkns'k
lafonk f'k{kd HkrhZ esa 100 lafonk 'kkyk f'k{kdks dh QthZ vfHkys[kks ds vk/kkj ij fu;qfDr ,oa osru
vkgj.k esa vfu;ferrk dh f'kdk;r izkIr gqbZ gSA mDr f'kdk;r esa fuEukuqlkj 17 lafonk 'kkyk f'k{kd@
lgk- v/;kid ds uke mYysf[kr gSA tuin iapk;r ds i= dza- 6745 fnukad 24-12-18 }kjk lacaf/kr 17
lafonk 'kkyk f'k{kd@ lgk- v/;kid dks fnukad 27-12-2018 dks ewy nLrkostks ds lkFk tuin esa vkgqr
fd;k tkdj lacaf/krksa dks dkj.k crkvks lwpuk i= tkjh fd;k x;k Fkk fd vlR; tkudkjh izLrqr dj
fu;qfDr ysus ds dkj.k D;ksa u vkidh lsok,W lekIr dh tk,WA
lacaf/kr lafonk 'kkyk f'k{kd@ lgk- v/;kid fnukad 27-12-2018 }kjk tuin dk;kZy; esa mifLFkr
gksdj viuk izfr mRrj izLrqr fd;k gSA lacaf/krksa }kjk izLrqr mRrj lek/kku dkjd ugha gS ,oa nLrkost
voyksdu esa ik;k x;k fd buds esfjV vad tuin }kjk p;fur buds izoxZ ds vafre p;fur vkosnd ds
esfjV vadks a (dVvkWQ vad) ls de gS ,oa bUgs a tuin iapk;r }kjk p;u gsrq dkmaflafyx esa vkeaf=r Hkh
ugha fd;k x;k Fkk fQj Hkh fuEukuqlkj lafonk 'kkyk f'k{kd@ lgk- v/;kid }kjk Jh T;ksfr [k=h LFkkiuk
fyfid ls feyhHkxr dj vius izoxZ ds vafre p;fur vkosnd ls de vad gksus ds dkj.k fu;qfDr dh
ik=rk ugha gksus ds ckn Hkh LFkkiuk fyfid ls lkaBxkaB dj dqV jfpr fu;qfDr vkns'k izkIr dj lafonk
'kkyk f'k{kd ds in ij fu;qfDr izkIr dh xbZ gSA
fodkl [k.M f'k{kk vf/kdkjh cqjgkuiqj ds i= daz- 898 fnukad 21-12-2018 ds }kjk Hkh Li"V gS fd
bu f'k{kdks dks fu;qfDr ds pkj ls rhu o"kZ ckn rd izFke osru Hkqxrku gqvk gS ftlls Li"V gksrk gS fd
bu f'k{kdks dks ckn esa dqV jfpr vkns'k ls csd MsV esa tksbZu gksuk crk;k x;k gSA
dza- f'kdk;r lafonk firk @ifr izoxZ (vtk- iq:"k@ fu;qfDr ds lacaf/kr dk;Zjr izFke osru
lwph es 'kkyk dk uke @vttk- efgyk le; izoxZ esa 'kkyk dk vkgj.k esa
ljy dza- f'k{kd@ @fi-o@ O;kie vafre uke fcyac
lgk- vukjf{kr) izkaIrkad dk p;fur chbZvks ds
v/;kid dk 40 vkosnd i= dza-
uke izfr"kr ,oa ds dqy 898 ds
Mh,M ds vad vuqlkj
vad dk (dVvkWQ
dqy ;ksx vad)
1 40 izfrHkk fgjkyky OBC iq:"k 42.04 48.82 P.S. 7 ekg ckn
rqlydj rqlydj HINDI
PS
CHAM
ARIA
KA
DERA
2 8 nsohnkl nsojke OBC iq:"k 57.056 62.87 UEGS 4 ekg ckn
ikVhy ikVhy GORKH
EDA
FALYA
3 54 EgsUnz ikfVy Kkus'oj OBC iq:"k 40.272 62.87 UEGS 10 ekg
ikfVy CHARA ckn
N
MOHA
LLA
4 9 Lhek pkSgku f'koikyflag General iq:"k 37.908 48.82 PS 5 ekg ckn
pkSgku BALAD
I
5 50 jfoUnz dMw dkdMs S.C. iq:"k 41.224 57.09 PS 4 ekg ckn
dkdMs BALAD
I
6 10 egsUnz ekgkSj vt;pUnz S.C. iq:"k 39.504 57.09 PS 3 o"kZ ckn
ekgkSj BALAD
I
7 36 Nknqjko ;'koarjko S.C. iq:"k 38.656 57.09 PS 26 ekg
laU;kl lU;kl DHUPG ckn
ATTA
8 39 eukst lq[kyky S.C. iq:"k 37.856 57.09 UEGS 26 ekg
djksys djksys GYANS ckn
INGH
FALYA
9 100 esUnk dqekj Ukjk;.k S.C. iq:"k 35.424 57.09 PS 4 ekg ckn
lkxBh;k lkxBh;k SAYAR
10 29 mes'k rk;Ms izdk'k S.C. iq:"k 30.46 57.09 UEGS 3 o"kZ ckn
rk;Ms KARON
IA
FALYA
11 37 fcYyksjflag f'koyky S.T. iq:"k 38.708 45.29 UEGS 2 o"kZ ckn
tkejk DURSI
NGH
FALYA
12 55 ljnkj Hkheflag S.T. iq:"k 38.688 45.29 UEGS 10 ekg
dukls dukls SURLIB ckn
AI KA
FALYA
13 51 jseyk Ekkyflag S.T. iq:"k 34.576 45.29 PS MAL 8 ekg ckn
lksyadh lksyadh FALYA
14 31 Ekaxhyky Dqekjflag S.T. iq:"k 32.108 45.29 PS 3 o"kZ ckn
dukls dukls DHIMA
NIA
15 13 larks"k dqekj cq/kk nsoMs S.T. iq:"k 31.292 45.29 PSBPS 8 ekg ckn
nsoMs ROHAN
I
16 27 djeflg Hkjsflg S.T. iq:"k 31.292 45.29 PS 6 ekg ckn
MksMok Bksmok CHAW
ADIAP
ANI
17 34 djpuflg Ikrfy;k S.T. iq:"k 29.66 45.29 PS 14 ekg
e.MyksbZ e.MyksbZ PATEL ckn
PURA
fjdkMZ esa gsjk Qsjh ds dkj.k dysDVj egksn; ds vkns'k dzekad 5456 fnukad 28-12-2018
ds }kjk Jh T;ksfr [k=h dks fuyafcr fd;k tk pqdk gSA ,oa Jh [k=h ds fo:} fjdkMZ esa gsjk Qsjh
,oa dwVjpuk ds fy;s iqfyl esa izdj.k dzekad 0290 fnukad 28-12-18 iathc} fd;k x;k gSA
mDr 17 lafonk 'kkyk f'k{kd@ lgk- v/;kid }kjk Jh [k=h dh feyh Hkxr ls ik=rk u
gksus ds ckotwn Hkh dqV jfpr vkns'k izkIr dj fu;qfDr izkIr djuk ik;k tkus ls izdj.k esa lafonk
'kkyk f'k{kd gsrq e/; izns'k lafonk 'kkyk f'k{kd HkrhZ fu;e 6 (12) ds mYya?ku dh fLFkfr fufeZr
gksus ls mDr 17 lafonk 'kkyk f'k{kd@ lgk- v/;kid dks vlR; nLrkost ds vk/kkj ij fu;qfDr
izkIr djuk ekuk tkdj e/; izns'k iapk;r lafonk 'kkyk f'k{kd (fu;kstu ,oa lafonk dh 'krsZ)
fu;e 2005 ds rgr iznRr vf/kdkjks a dk iz;ksx djr s gq, l{ke izkf/kdkjh eq[; dk;Zikyu
vf/kdkjh ftyk iapk;r] cqjgkuiqj ds }kjk iznRr vuqeksnu vuqlkj mDr 17 lafonk 'kkyk f'k{kd
@ lgk- v/;kid dh lsok,W rRdky izHkko ls lekIRk dh tkrh gSA
dqV jfpr@ vlR; nLrkost ds vk/kkj ij fu;qfDr izkIr djus ds dkj.k lacaf/kr 17
lafonk 'kkyk f'k{kd @ lgk- v/;kid dks Hkqxrku fd;s x;s osru HkRrk vkfn dh fu;ekuqlkj
olwyh gsrq ftyk f'k{kk vf/kdkjh mRrjnk;h jgsxs ,oa d`r dk;Zokgh ls eq[; dk;Zikyu vf/kdkjh
ftyk iapk;r dks voxr djk,xsA
mDr vkns'k chbZvks cqjgkuiqj }kjk budh lsok iqfLRkdk esa ntZ dj f'k{kk iksVZy ij budh
lsok lekfIr laca/kh izfo"V rRdky dh tkuk lqfuf'pr djsA
eq[; dk;Zikyu vf/kdkjh]
tuin iapk;r] cqjgkuiqj"
3. From the impugned order and the reasons assigned therein, it
reveals that these appointments have been made by fabricating the
record of selection by one of the clerks of establishment section namely
Jyoti Khatri and as such, candidates who were not eligible to be
appointed and having less marks than that of last selected candidate,
were given appointment on the post of Samvida Shalal Shikshak
Grade-III.
4. A complaint was made to the authority about such gross
irregularity and a police case was also registered vide Crime
No.290/2018 on 28.12.2018 and as such, the services of the petitioners
have been terminated directing recovery of salary and allowances paid
to them.
5. The challenge is made mainly on the ground that though the
petitioners have been performing duties since 2010, appointment order
issued by the authority on 31.03.2010 (Annexure-P/1A to D), and after
performing services for sufficient period, they have been absorbed on
the post of Sahayak Adhyapak vide order dated 09.04.2014
(Annexure-P/2) and granted regular pay scale, but by the impugned
order without conducting any departmental enquiry and without giving
any opportunity of hearing to the petitioners, their services have been
terminated. Therefore, it is claimed that the impugned order is illegal,
contrary to law and thus, liable to be set aside.
6. The facts in compendium leading to filing of the instant petition
are as under:-
(6.1) That vide order dated 31.03.2010 (Annexure-P/1A to D) issued by
the Chief Executive Officer, Janpad Panchayat, Burhanpur, the
petitioners were appointed on the post of Samvida Shala Shikshak
Grade-III in pursuance to the advertisement made by the office of
District Education Officer, Burhanpur inviting applications for
making appointment on the said post under the provisions of M.P.
Panchayat Samvida Shala Shikshak (Niyojan Avam Samvida Ki
Sharte) Niyam, 2005 (hereinafter referred to as the 'Rules, 2005'),
amended Rules 2008 and thereafter on the basis of applications
received, a select list was prepared, counselling was conducted
and as per the option given, appointment order was issued
appointing Samvida Shala Shikshak on a fixed pay of Rs.2500/-.
(6.2) Later on, the petitioners were absorbed on the post of Sahayak
Adhyapak vide order dated 09.04.2014 (Annexure-P/2), as they
have completed three years on the post of Samvida Shala
Shikshak, and the Scrutiny Committee after scrutinizing the
service record of the petitioners absorbed them on the post of
Sahayak Adhyapak on a pay scale of Rs.4500-25000 + 1250 on
probation.
(6.3) Thereafter on 05.10.2018 (Annexure-P/3A to D), letters were
issued to the petitioners asking them to appear in the office of
Janpad Panchayat Burhanpur on 08.10.2018 with all original
documents relating to their appointment.
(6.4) The petitioners submitted their original documents and certificates
relating to their appointment in response to the letter dated
05.10.2018. Thereafter, on 06.12.2018 (Annexure-P/4A to D),
another letter was issued to the petitioners asking them to appear
before the authority with all original documents and certificates
including the document/copy of bank pass book relating to entry
of first salary paid to them.
(6.5) The petitioners have also submitted their explanation about their
appointments and also denied the allegation of any fabrication and
fraud as alleged against them at the time of getting appointment,
but the authority not satisfied with the same, issued the impugned
order terminating their services.
7. The respondents have filed their reply taking stand therein that a
complaint was made on 07.07.2018 (Annexure-R/1) by the Madhya
Pradesh Rajya Karamchari Sangh to the Collector Burhanpur
mentioning mass scale of illegalities and irregularities in selection
process conducted for appointment of Samvida Shala Shikshak
Grade-III. The allegation was made against one establishment clerk
namely Jyoti Khatri, who has fabricated the records and appointed the
petitioners, who were not in the select list and not secured requisite
marks to have been appointed on the said post, but the appointment
order issued in their favour and claim of rightful candidates who secured
requisite marks to get appointment, have been deprived.
8. As per the reply, an enquiry was conducted in respect of selection
of 100 candidates, against whom allegations were made and after
perusal of record, it was found that the appointment of the petitioners
was forged and at no point of time they were appointed. It is also stated
in the report that the petitioners secured less marks than the cut-off
marks of respective category of petitioners, therefore, they were not
eligible to have been appointed. It is also stated in the report that the
appointment on the post of Samvida Shala Shikshak was made under the
provisions of Rules, 2005 and as per the provisions of Rule 6(12), the
selected candidates have to execute a contract/agreement because they
were appointed for a maximum period of three years, but in respect of
the petitioners, they have not executed any contract and that is not
available with the competent authority. The petitioners failed to produce
any such agreement and therefore, according to the respondents, in
absence of such agreement, the appointment of the petitioners was found
illegal. In the report, it is also described that in what manner fraud is
committed and it is also mentioned that an FIR vide Crime No.290/2018
has also been registered against Jyoti Khatri and others for the offence
punishable under Sections 420, 467, 468, 471, 201, 204 and 120B of the
Indian Penal Code.
9. Reply has been filed by the respondents. As per the respondents,
an enquiry was also conducted by the Zila Panchayat Burhanpur, in
which, allegations made against the petitioners have been found proved.
The enquiry report is also annexed by the respondents along with the
reply as Annexure-R/3. In the said report, it is disclosed that fraud has
been committed in the said selection process by manipulating and
fabricating the records. The respondents have also taken a stand that
initially appointment was made in favour of the petitioners by the Chief
Executive Officer, Janpad Panchayat and thereafter their absorption was
made on the post of Sahayak Adhyapak as it was consequential to the
appointment on the post of Samvida Shala Shikshak Grade-III and as
such, the Chief Executive Officer Janpad Panchayat has rightly
terminated the services of the petitioners because the selection was
made by playing fraud.
10. The respondents relying upon a decision of the Supreme Court
passed in Civil Appeal No.3925 of 2019 (Punjab Urban Planning &
Development Authority and Another Vs. Karamjit Singh) have
submitted that the impugned order is proper and no regular enquiry is
necessary because the appointment of the petitioners has been found
illegal as it has been obtained by fraud.
11. Rejoinder has also been filed by the petitioners reiterating the
same facts, but considering the rival submissions made by the counsel
for the parties and perusal of record, I am of the opinion that the basic
question involved in this case is as to whether the services of the
petitioners can be terminated in the manner, which is adopted by the
respondents or not.
12. In the present case, as per the record available and submissions
made before this Court, undisputedly no regular departmental enquiry
was conducted by the respondents giving charge-sheet to the petitioners
levelling a charge for obtaining appointment by playing fraud. It is also
not in dispute that the petitioners after being appointed performed their
duties continuously for almost 8 years and thereafter, they were
absorbed on the post of Sahayak Adhyapak and granted regular pay
scale. A complaint was made after 8 years of appointment and that was
inquired by conducting an enquiry by an officer of the
respondent/department, in which, the petitioners have not been given
any opportunity of hearing and as such, in view of the settled legal
position, if any inquiry conducted behind the back of the
employee/delinquent resulting into an adverse report which otherwise
affects his/her career, the same cannot be said to be proper because it is
a violation of principles of natural justice.
13. The respondents although have placed reliance upon a judgment
of the Supreme Court reported in (2021) 10 SCC 717 parties being
Employers in Relation to the Management of Bhalgora Area (Now
Kustore Area) of Bharat Coking Coal Limited Vs. Workmen being
represented by Janta Mazdoor Sangh, in which, the Supreme Court
has observed that if appointment is obtained by fraud, such practice
cannot be adopted because appointment obtained fraudulently should
not be permitted to be continued. However, in this case, the appointment
was obtained by the petitioners by fraud and proceedings were initiated
giving them opportunity, in which, they have failed to give their
explanation and thereafter finding came with regard to the said
appointment.
14. The respondents have also relied upon a decision of the Supreme
Court reported in (2011) 15 SCC 111 parties being District Primary
School Council, West Bengal Vs. Mritunjoy Das and others, in
which, the Supreme Court has observed that if any appointment is
obtained by fraud and show-cause notice issued to them alleging fraud
to get the said appointment and opportunity of hearing is also provided
to them, then cancellation of that appointment cannot be said to be in
violation of principles of natural justice. But, the facts of the present
case are not similar to that of the cases upon which the respondents have
placed reliance. This Court is also of the opinion that if any appointment
is obtained by fraud then such appointment cannot be protected in any
manner, but here in this case, considering the existing facts, appointment
was made in the year 2010 and surprisingly, only on the basis of some
manipulation made by the establishment clerk, ignoring the actual facts
and merits of the candidates, even the higher authorities allowed the
petitioners to continue for a period of almost 8 years, but no such defect
revealed before the authorities and even after regularizing them on the
post of Sahayak Adhyapak, Scrutiny Committee has also not considered
this aspect. As such, show-cause notice though issued to the petitioners
calling their original documents, but still it is not on record that they
have been granted opportunity or issued any show-cause notice
intimating them as to how they have obtained appointment and what
type of fraud was committed, although the actual fraud reveals from the
stand taken by the respondents in their reply. Thus, I am of the opinion
that proper opportunity has not been granted to the petitioners and the
enquiry was conducted behind their back without giving any opportunity
of hearing to them to explain their stand. Even before this Court, it is not
shown as to what was the cut-off mark secured by the last selected
candidate and what marks were secured by the petitioners.
15. Thus, in my opinion, the order impugned suffers from violation of
principles of natural justice as the respondents have not followed the
principles of audi alteram partem. Therefore, the impugned order
cancelling the appointment of the petitioners is hereby set aside.
16. Although, I am of the opinion that a proper inquiry is required be
conducted, in which, the petitioners should be given an opportunity
intimating them as to what fraud they have played and as to how they
were not eligible to be appointed. Thus, the matter is remitted back to
the Collector Burhanpur to appoint any responsible officer for
conducting an inquiry giving specific notice to the petitioners indicating
as to why their appointment was illegal and after hearing them and
comparing the record of selection, appropriate order be passed.
17. This exercise be completed by the Collector within a period of
three months from today and till then the petitioners shall not be
reinstated in service. After completing the enquiry, the Collector will
authorize the competent authority to issue an appropriate order on the
basis of enquiry report and if appointment is found fraudulent, services
of the petitioners can be terminated by the competent authority. If in the
opinion of Collector, the appointment was proper, the authority may be
directed to issue an appropriate order and service of the petitioners shall
be reinstated with all consequential benefits.
18. With the aforesaid observations, the petitions stand allowed and
disposed of.
(SANJAY DWIVEDI)
JUDGE
ac/-
ANIL CHOUDHARY
2024.05.10 17:50:54
+05'30'
