RAJENDRA PRASAD MAITRI Vs. STATE OF C G
LAWS(CHH)-2005-2-21
HIGH COURT OF CHHATTISGARH
Decided on February 04,2005

Rajendra Prasad Maitri Appellant
VERSUS
State Of C G Respondents

JUDGEMENT

FAKHRUDDIN, J. - (1.) THE Above writ petitions have been heard analogously and are being disposed of by this common order. W.P. No 3304/2004 shall be the leading case.
(2.) BY these petitions under Article 226/227 of the Constitution of India, the petitioners have challenged the validity of the Rules, namely, Chhattisgarh Panchayat Shala Samvida Shikshak (Niyukti Tatha Sewa Shartein) Niyam, 2004 published on 10-8-2004 vide notification no. 52/ Pancha/22/04. the notification has been issued in exercise of the powers under Section 70(2) read with Section 95 sub-section (1) of Panchayat Raj Adhiniyam, 1993, Whereby the rules for appointment of contract teachers (Samvida Shikshak) have been enacted. It is contended that these rules are ultra vires, in contravention of the law and violative of Article 14 and 16 of the Constitution of India. It is contended that the advertisement was published for fulfilling the posts of Contract Teachers in Gram Panchayat, Janpad Panchayat and Zila Panchayat. It is also contended that the rules have been framed in exercise of executive powers under Article 162 of the Constitution of India. The challenge to the rules is on the ground that there is a provision of appointment for every interview of a local person, who is to be nominated by the local minister, so as to judge the local dialect. It is contended that for an interview the involvement of a minister through his nominee is illegal and in contravention of the law. It is said that the Veto powers have been conferred. There are three categories of Samvida Shala Shikshak, namely, Grade I, Grade II and Grade III. The Schedules appended are quoted below : JUDGEMENT_129_CGLJ2_2005img1.jpg JUDGEMENT_129_CGLJ2_2005img2.jpg JUDGEMENT_129_CGLJ2_2005img3.jpg
(3.) LEARNED counsel for the petitioner referred to 73rd Constitutional Amendment, Article 243 (G) of the Constitution and Eleventh Schedule (Item No. 17), Education including Primary and Secondary Schools. He Further referred to Article 154, 164 and 166 of the Constitution of India. He also referred to the relevant provisions of Panchayat Raj Adhiniyam, 1993, such as Section 78 regarding power of State Government to regulate taxes, Section 83 regarding Power of State Government in regard to relief in taxes, Section 85 regarding Power to suspend execution of orders, etc., Section 86 regarding Power of State Government to issue order directing Panchayat for execution of works in certain cases and Section 87 regarding Power of State Government to dissolve Panchayat for default, abuse of powers, etc. It is said that Section 95 relates to Power to make rules. Delegation of power conferred under Section 93 of the Adhiniyam. Learned counsel also referred to Article 243-C of the Constitution. It is submitted that under Section 47 of the Adhiniyam there are committees including education committee, which have been constituted by the Panchayat. It is further submitted that an appeal is provided under Rule 12 before the Sub-Divisional Officer. It is also contended that for Grade III, there are Rules of 1994 namely M.P. Gram Panchayat (Term of Office of Members of Standing Committee and Procedure for the Conduct of Business) Rules, 1994.;


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