Supreme Court of India
STATE OF M.P. AND ORS. versus SHYAMA PARDHI ETC. ETC.
- Decided
- 16 November 1995
- Judges listed
- K. RAMASWAMY, B.L. HANSARIA
- Disposal
- Appeal(s) allowed
Citations
- Official
- [1995] SUPP. 5 S.C.R. 448 · 1995 INSC 750
- Also cited as
- (1996) 7 SCC 118
- AIR 1996 SC 2219
Learned from how other judgments cite this one, in their text or in the official Supreme Court Reports' lists of cases they refer to: each is cited this way by at least two judgments, and at least twice as often as any other citation to this judgment in that report. We hold no commercial reporter's text, only these citation strings.
- Not shown
- 1 other citation string that other judgments attach to this one, on evidence too thin or too divided to publish.
Cited by
Cited in 2 other Supreme Court judgments we hold.
Counted only in the Supreme Court judgments we hold whose text we could read, not in High Court judgments. We match each citation to a judgment automatically, so a citation we cannot match is not counted. "Cited" says only that a judgment refers to this one, not whether it followed, distinguished or overruled it.
The Court's text
Paragraphs from our copy of the Supreme Court Reports print, with the Court's own paragraph numbers, the printed page and, where printed, the margin letter. The Court did not number this judgment's paragraphs, so they are listed by page. Link to paragraph N with #para-N.
Delay condoned. Leave granted.
p. 449, margin E
These appeals by special leave arise from the order of the Administrative Tribunal, Jabalpur M.P. Public Health and Family Welfare Department Non-ministerial (Related to the Directorate Health Services) Class-III Services Recruitment Rules, 1989 (for short 'the Rules'), made under proviso to Article 309 of the Constitution, prescribed qualification for the appointment of Auxiliary Nurse-cum-Midwife (ANM), viz., 10 + 2 with Physics, Chemistry and Biology as qualitative subjects. Admittedly, the respondents had not possessed that qualification. It would be seen that the District Medical Officer, therefore, wrongly selected the respondents and sent them to the training. After their successful completion of the training, he made appointment as A.N.M. in the pay scale of Rs. 950-1350. The respondents were served with notice dated 31st January, 1994 intimating that their selection for training was illegal and their services would be terminated with effect from February 23, 1994. The respondents challenged the cancellation of their appointment.
pp. 449–450, margin F
The Tribunal in the impugned order had held that the respondents having been selected and undergone the training and the competent authority having duly appointed them, cancellation of their appointment without _any opportunity is violative of the principles of natural justice and it accordingly set aside the order and directed their reinstatement with consequential benefits. Hence, these appeals by special leave.
p. 450, margin A
It is now an admitted fact across the Bar that the respondents had not possessed the pre-requisite qualification, namely, 10 + 2 with Physics, Chemistry and Biology as subjects. The Rules specifically provide that qualification as a condition for appointment to the post of ANM. Since prescribed qualifications had not been satisfied, the initial s~ction to undergo training is per se illegal. Later appointments thereof are in violation of the statutory rules. The Tribunal, therefore, was not right in directing the reinstatement of respondents. The question of violation of the principles of natural justice does not arise. The ratio of Shrawan Kumar Jha and Others v. State of Bihar and Others, AIR 1991 SC 309, strongly relied on, has no application to the facts of this case. That a case where appellants possessed initial qualifications but they did not undergo the training. Since the appointment was set aside on the ground of want of training, this Court interfered with; directed the Government to reinstate them into service and further directed them to send the appellants therein for training.
p. 450, margin C
The appeals are allowed and O.As. stand dismissed. No costs. G.N. Appeals allowed.
p. 450, margin F