ORDER

1. Heard learned counsel for the parties.

2. Leave granted.

3. The respondent applied for the post of Lecturer in stenography and e typing. The selection was made on the basis of the M.P. Education Service (Service Branch) Recruitment Rules, 1982. As per the Recruitment Rules for appointment to the post of Lecturer in stenography and typing in higher secondary schools the candidate should be a postgraduate in the respective subject. Admittedly, the respondent does not possess a postgraduate degree in stenography and typing. The contention urged by the respondent is that in the State of M.P. there is no postgraduate degree course or postgraduate degree available in anyone of the universities for stenography and typing and therefore, the Recruitment Rules, 1982 are not applicable for appointment to the post of Lecturer for stenography and typing. The respondent also contended that the Cabinet had taken a decision to relax these Rules for recruitment to appoint Lecturer in stenography and typing.

4. The counsel for the State points out that the Rules are still binding and no amendment has been carried out to make any relaxation. It has also been pointed out that the selection process by advertisement as regards the post of Lecturer in stenography and typing was already withdrawn by the State.

5. In the above circumstances, we are of the view that the Division Bench was not justified in directing the appellant herein to consider the appointment of the petitioner (the respondent herein) to the post of Lecturer in stenography and typing. We set aside the impugned judgment.

6. The appeal is allowed accordingly.