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1995 Supreme(SC) 1166

K.RAMASWAMY, B.L.HANSARIA
State Of M. P. – Appellant
Versus
Shyama Pardhi – Respondent


Advocates:
SATISH K.AGNIHOTRI, SHIV SAGAR TIVARI

ORDER

1. Delay condoned.

2. Leave granted.

3. These appeals by special leave arise from the order of the Administrative Tribunal, Jabalpur. The 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 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 ANM in the pay scale of Rs 950-1350. He respondents were served with notice dated 31-1-1994 intimating that their selection for training was illegal and their services would be terminated with effect with from 23-2-1994. The respondents challenged the cancellation of their appointment.

4. The Tribunal in the impugned order had held that the respondents having been selected and undergone the traini


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