ARUN TEWARI AND ORS. versus ZILA MANSAVI SHIKSHAK SANGH AND ORS. ETC.

ARUN TEWARI AND ORS. versus ZILA MANSAVI SHIKSHAK SANGH AND ORS. ETC.

The amendments and circulars prescribing criteria and procedure for recruitment under the Operation Black Board Scheme are valid; prescription of higher qualifications is not unreasonable or discriminatory; recruitment through Employment Exchange for expeditious implementation is not unfair; excessive delegation does not arise when State Government retains power; failure to implead selected candidates as parties vitiates Tribunal's order.

Parties
Appellants: Arun Tewari and Ors.; Respondents: Zila Mansa Shikshak Sangh and Ors.
Jurisdiction
India
Judgment Date
01 December 1997
Procedural Posture
Civil Appeal / Civil Appellate Jurisdiction; Appeal From Orders of Madhya Pradesh Administrative Tribunal
Outcome
Appeals allowed; impugned judgments and orders of the Tribunal set aside; amendments and circulars upheld.
Legal Topics
Recruitment Procedure, Qualification Criteria, Delegation of Power, Non Joinder of Necessary Parties, Operation Black Board Scheme
Service Law Administrative Law Constitutional Law Recruitment Procedure Qualification Criteria Delegation of Power Non Joinder of Necessary Parties Operation Black Board Scheme

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Parties

Arun Tewari and Ors.

Appellants

Zila Mansa Shikshak Sangh and Ors.

Respondents

Procedural Posture

Civil Appeal / Civil Appellate Jurisdiction; Appeal From Orders of Madhya Pradesh Administrative Tribunal

Legal Issues

  1. 1 Validity of amendments and circulars prescribing criteria and procedure for recruitment under Operation Black Board Scheme
  2. 2 Reasonableness of qualification prescribed ('Basic Training Certificate or B.Ed Degree')
  3. 3 Whether recruitment procedure by employment exchange instead of advertisement is unfair

Ratio Decidendi

The amendments and circulars prescribing criteria and procedure for recruitment under the Operation Black Board Scheme are valid; prescription of higher qualifications is not unreasonable or discriminatory; recruitment through Employment Exchange for expeditious implementation is not unfair; excessive delegation does not arise when State Government retains power; failure to implead selected candidates as parties vitiates Tribunal's order.

Court Disposition

Appeals allowed; impugned judgments and orders of the Tribunal set aside; amendments and circulars upheld.

Orders

  • Impugned amendments to Recruitment Rules and circulars relating to procedure and criteria are upheld.
  • Appointments made under the scheme to Assistant Teachers are valid.