( 1 ) THIS reference has been made to resolve the conflict between two Division bench decisions of this Court reported in Narayan Keshav Dandekar v. Rule C. Rathi, AIR 1963 Madh Pra 17: 1963 MPLT 709 and Ras Bihari Pande v. Municipal Corporation, Jabalpur, 1966 MPLJ 426. The question for decision is whether the requirement of consultation with the State Public Service commission laid down by the second proviso to Sub-section (1) of Section 58 of the M. P. Municipal Corporation Act, 1956, is mandatory, so that an appointment purporting to be made in accordance with the power given by Subsection (1) of Section 58 without any such consultation is invalid. This question arises in the context of the validity of appointment of respondent No. 2 S. K. Chaudhary as City Engineer of the Municipal Corporation. Jabalpur.

( 2 ) THE earlier Division Bench deciding Dandekar's case (AIR 1963 Madh Pra 17) (supra) held that this requirement of consultation with the State Public Service commission is mandatory and such an appointment made by the Corporation without consultation with the Commission was invalid. On the other hand, the latter Division Bench deciding Panda's case (1966 MPLJ 426