Ku. Chanchal Rai and Others vs State of M.P., and Others

This is an appeal against the order dated 17th January, 2008 passed by the Writ Court in W.P.No. 830 of 2003 whereby the petition filed by the appellants was dismissed. Learned counsel for the appellants submits that the appellants are teachers of the category of Samvida Shala Shikshak, Class I and Class III. It is submitted that an appeal was filed by one Manju Rajak before the respondent No. 2, Collector, Guna wherein the validity of the appointment of teachers of Class II was challenged. It is submitted that while deciding the appeal vide order dated 17th March, 2003, the Collector, Guna allowed the same and cancelled the appointment orders of the appellants while their appointment orders were not under challenge. It is submitted that this aspect of the case has not been looked into by the Writ Court while deciding the writ petition. It is submitted that the appeal be allowed and the impugned order passed by the Writ Court and the Collector be quashed.

Learned counsel for the respondents submits that it is true that Manju Rajak who is respondent No. 4 in this appeal has filed the appeal, Annexure P/1A but the order passed by the Collector is not in that appeal. In the facts and circumstances of the case, the appeal be dismissed. Since the appellants are alleged teachers of Class-I and Class-III and they are in job because of the interim order passed by this Court from time to time, this petition is disposed of with a short direction that the appellants shall move an appropriate application before the Collector, Guna wherein they shall allege that they are teachers of Class-I and Class-III and validity of their appointment is not under challenge, therefore, the impugned order dated 17th March, 2003 be modified as it should not affect the appellants. If such an application is filed along with a copy of this order then the same shall be decided by the Collector,Guna after giving opportunity of hearing to all the parties concerned. The appellants shall file an application before the Collector, Guna within a period of two weeks from today and the said authority shall decide the same within a period of four weeks from the date of its submission. Till then, the interim order passed by this Court from time to time shall remain in force. It is made clear that the Collector, Guna while deciding the application of the appellants shall decide it independently without being prejudiced by the impugned order.