STATE OF M.P. AND ORS. versus SHYAMA PARDHI ETC. ETC.

Citation: [1995] SUPP. 5 S.C.R. 448 · Decided: 16-11-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
B 
c 
STATE OF M.P. AND ORS. 
v. 
SHY AMA PARDHI ETC. ETC. 
NOVEMBER 16, 1995 
[K. RAMASWAMY AND B.L. HANSARIA. JJ.] 
Se1vice LaM- : 
M.P. Public Health and Family Welfare Department Non- Ministerial 
(Related to Directorate of Health Se1vices) Class III Se1vices Recruitment 
Rules, 1989 : 
Auxiliary Nurse-cum-Midwife-Persons without the prescribed 
qualifications selected, and appointed-Later their se1vices were tenninated 
D after se1ving notice-T1ibu11al directing reinstatment-Held : Since they did 
not possess the prescribed qualification their initial selection itself was per-se 
illegal-Violation of principles of natural justice did not arise-Administrative 
Law-Natural Justice. 
E 
M.P. Public Health and Family Welfare Department Non- Mini-
sterial (Related to the Directorate of Health Services) Class-III Services 
Recruitment Rules, 1989 prescribed qualification for the appointment of 
Auxiliary Nurse-cum-Midwife (ANM), viz., 10+ 2 with Physics, Chemistry 
and Biology as qualitative subjects. The respondents had not possessed 
that qualification. The District Medical Officer Wrongly selected the 
F 
respondents and sent them to the training. After their successful comple-
tion of the training, they were appointed as A.N~M. The respondents were 
served with notices stating that their selection for training was illegal and 
their services would be terminated. The respondents challenged the can-
cellation of their appointment, before the Administrative Tribunal which 
G 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 directed their reinstatement with consequential 
benefits. Hence these appeals. 
H 
Allowing the appeals, this Court 
448 
STATEv. SHYAMAPARDHI 
449 
HELD : Admittedly, the respondents had not possessed the pre-req-
A 
uisite 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 selection to undergo training is per se illegal. 
Later appointments thereof are in violation of the statutory rules. The B 
Tribunal, therefore, was not right in directing the reinstatement of respon-
dents. The question of violation of the principles of natural justice does 
not arise. [ 450-C-D] 
Shrawan Kumar !ha and Others v. State of Bihar and Others, AIR 
(1991) SC 309 held inapplicable. 
C 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 11576 of 
1995 Etc . 
• 1 
From the Judgment and Order dated 20.6.94 of the Madhya Pradesh 
Administrative, Tribunal Jabalpur in 0.A. No. 640 of 1994. 
D 
Satish K Agnihotri, for the Appellants. 
Shiv Sagar Tiwari for the Respondents. 
The following Order of the Court was delivered : 
E 
Delay condoned. 
Leave granted. 
These appeals by special leave arise from the order of the Ad-
F 
ministrative 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 G 
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 H 
450 
SUPREME COURT REPORTS (1995) SUPP. 5 S.C.R. 
A 
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. 
B 
c 
D 
E 
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

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