MADAN MOHAN SHARMA & ANR. versus STATE OF RAJASTHAN & ORS.

Citation: [2008] 3 S.C.R. 232 · Decided: 22-02-2008 · Supreme Court of India · Bench: A.K. MATHUR · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2008] 3 S.C.R. 232 
.. 
A 
MADAN MOHAN SHARMA & ANR. 
II. 
STATE OF RAJASTHAN & ORS. 
(Civil Appeal No. 1506 of 2008) 
B 
FEBRUARY 22, 2008 
(A.K. MATHUR AND ALTAMAS KABIR, JJ.) 
Service Law: 
Rajasthan Panchayat Samitis and Zila Parishad 
c (Service) Rules, 1959; r 17(2)/Rajasthan Panchayati Raj 
Rules, 1996; rr233, 266, 274 and 296/Circulars dated 24. 7.95 
and 20. 7. 96: 
Appointment of Teachers Grade Ill by relaxing 
D qualification ulr.296 of 1996 Rules - Challenge to - Allowed 
by Single .fudge of High Court - Affirmed by Division Bench 
of High Court - Correctness of - Held: Incorrect - Once 
Circular laying down criteria for selection of candidates for 
certain post issued, selection process should continue on the 
E 
basis of the criteria so laid down - Selection should not be 
made on the basis of revised criteria in terms of revised 
Circular issued - Revised Circular issued by the authorities 
exercising unfettered discretion under r 206 of 1996 Rules 
relaxing qualification facilitating· appointment of appellants -
Since r296 conferring unbridled power of relaxation on the 
-. 
F Government. it was struck down by the High Court -
Appointment of appellants made thereafter cannot survive -
However, appellants have served as teachers in terms of order 
of Supreme Court and have become over-aged, they may be 
considered for future appointment by giving relaxation in age. 
G 
Zilla Parishad Sawai Madhopur, Rajastha11 had 
issued an advertisement for appointment for the posts of 
Teachers Grade-Ill in terms of a Circular dated 24.7.95 
-'f 
) 
issued by thEl State Government of Rajasthan. The Circular 
H 
232 
MADAN MOHAN SHARMA & ANR. v. STATE OF 
233 
/ 
RAJASTHAN & ORS. 
laid down the criteria for selection of the candidates on A 
the basis of the marks secured by them in Secondary 
Examination and also in B.Ed./BSTC. Another Circular was 
issued by the Government changing the eligibility 
qualification from Secondary Examination to Higher 
Secondary Examination. In the meantime, Rajasthan B 
Panchayat Raj Rules, 1996 were notified. In terms of r.266 
of the Rules, eligibility qualification for appointment was 
further revised from Higher Secondary to Senior 
Secondary Examination, which was challenged by the 
affected candidates by filing a writ petition, Single Judge 
of the High Court allowed the writ petition directing the c 
authorities to determine the merit of the candidates on 
the basis of marks obtained by them in the Secondary 
Examination in terms of earlier Circular dated 24.7.95. 
Aggrieved, the present appellants filed writ petitions D 
,r 
challenging the lowering down <?f the eligibility criteria 
from Higher Secondary to Secondary Examination. Later, 
the State Government in exercise of their discretionary 
power for relaxation of educational qualification in terms 
of r.296 of the Rules of 1996 issued directions to appoint 
E 
the present appellants as teachers Grade-Ill. Thereafter, a 
number of writ petitions were filed before the High Court. 
Single Judge of the High Court struck down r.296 of the 
Rules of 1996 being ultra vires and unconstitutional 
conferring unbridled powers upon the executive, and also 
set aside appointment of the appellants. Aggrieved against F 
this order, appeal was filed by both the present appellants 
challenging the order of the Single Judge of the High 
Court. The Division Bench of the High Court affirmed the 
order of the Single Judge of the High Court. Hence the 
present appeal. 
G 
Appellants contended that during the pendency of 
i .. 
the selection process, the eligibility criteria was changed 
and the date for submission of the application in 
pursuance to the advertisement was extended and Rule 
H 
234 
SUPREME COURT REPORTS' · 
- [2008] 3 S.C.R. 
A 266 of the Rules of 1996 came into being on 30.12.1996 
whereby it was provided that Higher Secondary 
Examination shall be the criteria for preparing the merit 
list. As such, as per the service rules, the selection should 
have been made on the basis of Higher Secondary 
B Examination marks and. not on the basis of Secondary 
Examination marks. 
Dismissing the appeal, the Court 
HELD: 1.1 Once the advertisement had been issued 
c on the basis of the circular obtaining at that particular time, 
the effect would be that the selection process should 
continue on the basis of the criteria which was laid down 
and it cannot be on the basis of the criteria which has 
been made subsequently. (Para - 4) [240-

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