STATE OF M.P. AND ORS. versus SANJA Y KUMAR PATHAK AND ORS.

Citation: [2007] 10 S.C.R. 951 · Decided: 10-10-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

) 
f 
•( 
STATE OF M.P. AND ORS. 
A 
v. 
SANJA Y KUMAR PATHAK AND ORS. 
OCTOBER 10, 2007 
[S.B. SINHA AND H.S. BEDI, .JJ.] 
B 
Service Law-Recruitment of teachers-Under a project-By 
amendment of recruitment rules-Selection of some candidates 
stopped-By interim order of Court while considering validity of the C 
amendment-Appointment of selected candidates after the amendment 
was upheld-Candidates whose selection was stopped, claiming 
appointment-Denied by State-Administrative Tribunal directing 
completion of selection process-High Court directing their 
appointment on sympathetic considerations-On appeal, held: No D 
appointment could be made by the State in view of incomplete selection 
process-Action of the State being bonafide could not be challenged-
Ordinarily a Writ Court should not act on the basis of sympathy alone, 
in absence of any legal right-Madhya Pradesh Non-Gazetted Class 
III Education Service (Non-Collegiate Service) Recruitment and E 
Promotion Rules, I 97 3-r. I 0 (3). 
Government oflndia launched a Project which was required to 
be implemented within Eighth Plan period. In terms thereof teachers 
were required to be appointed. With a view to expedite the 
implementation in the State of Madhya Pradesh, Rule 10(3) of F 
Madhya Pradesh Non-Gazetted Class III Education Service (Non-
Collegiate Service) Recruitment and Promotion Rules, 1973 was 
amended for recruitment of Assistant Teachers. Selection 
Committees were constituted for recruitment in every district for 
selection to be made districtwise. Appointments were to be made in G 
phases. Administrative Tribunal in a case wherein validity of s. 10(3) 
was challenged, by an interim order stayed the appointments of 
selected candidates made in terms of the Scheme. Preparation of 
Select List for Dam oh District was stopped in view of the interim 
951 
H 
952 
SUPREME COURT REPORTS 
[2007] 10 S.C.R~\ 
A order. No tabulation was done in respect of the interviews of the 
candidates. Tribunal subsequently declared the amendment illegal. 
However the order of Tribunal was stayed by this court. Pursuant 
thereto State Government offered appointments in favour of the 
selected candidates except those who had been interviewed by the 
B Selection Committee of Damoh District. Ultimately the selection 
process was upheld by this court. The candidates who have been 
interviewed filed application before the Tribunal for issuance of 
appointment letter to them. Tribunal directed to complete the aborted 
T 
process of selection. State's Writ Petition thereagainst was 
c dismissed by High Court in view of the peculiarity of the case without 
going into the merit. Hence the present appeals. 
Allowing the appeals, the Court 
HELD: 1. No appointment could be made by the State in 
D absence of the Select List. The State could not substitute itself for 
the Selection Committee. It is not disputed that the tabulation of the 
marks obtained by the candidates was not finalized. For the purpose 
of selection, the marks allotted to each of the candidates should be 
known to the members of the Selection Committee. Members of the 
E Selection Committee before preparing the Select List were entitled 
to undergo a consultative process so as to enable them to arrive at 
a consensus in regard to the candidates who should be appointed. 
As the tabulation process itself was not completed, the question of 
preparing any Select List also did not arise. 
p 
[Paras 10and19] [959-C-D; 963-A] 
2. Recruitment to the posts of Assistant Teacher is governed 
by statutory rules. Rule 10 of Madhya Pradesh Non-Gazetted Class 
III Education Service (Non-Collegiate Service) Recruitment and 
Promotion Rules, 1973 was amended only for the purpose of 
G implementation of the Scheme of the Central Government. It is trite 
law that while the recruitment process is governed by the Rules, the 
same should be scrupulously complied with. The condition of 
selection was to remain unchanged. One of the conditions for 
recruitment was, therefore, selection of the candidates. 
H 
[Para 12] [959-H; 960-A-BJ 
STATEv. SANJAYKUMARPATHAK 
953 
3. The Tribunal as also the High Court did not call for the A 
documents pertaining to the selection process.No finding of fact has 
been arrived at that the respondents herein were bound to be 
selected and consequently appointed. Whether all of them had fared 
better than the other candidates who had not approached the 
Tribunal had not been found. As the selection p

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