1. The order in this petition shall also decide the connected petition W.P. No.1986/97 (Sharad Kumar Shrivastava v. State of M.P. and others) in which the subject matter is identical.

2. The petitioner Santosh Kumar Dubey claims appointment on the basis of his selection by a regular procedure for the post of Lower Division Clerk in Janpad Panchayat, Vijay Raghavgarh.

3. The petitioner Sharad Kumar Shrivastava in the connected petitioner has already served the Janpad Panchayat as Lower Division Clerk under temporary appointments for fixed durations. He also claims appointment to the post of L.D.C. on the basis of his regular selection for the post with the other petitioner Santosh Kumar Dubey.

4. The recruitment to Panchayat services is regulated by service rules named M.P. Janpad Panchayat (Employees, Classification, Recruitment and Conditions of Service) Rules, 1976 (for short 'the Rules') framed under the provisions of M.P. Panchayat Raj Adhiniyam made under M.P. Panchayat Act, 1962 repealed by the new Act- of 1981. The rules framed under the repealed Act survive in the absence of new Rules framed under the new Act. The procedure for direct recruitment is regulated by Rules 5 (3). The detailed procedure laid down for regular appointment to the post requires constitution of a selection committee consisting of Members specified and preparation of a selection panel on the basis of which appointments are to be made to the vacant posts in the order of merit assigned to the candidates in the select list. The relevant part of the Rule 5 (3) to 8 is as under :-

5 (3) –

"For direct recruitment to the Janpad Panchayat Service there shall be constituted a Selection Committee consisting of the following :--

(i) Chairman of the Janpad Panchayat concerned -- Chairman.

(ii) Chairman of General Committee of the Janpad Panchayat -- Member (iii)District Panchayat and Welfare Officer of the District -- Member

(iv)Chief Executive Officer of the Janpad Panchayat - Secretary.

(4) Candidates will be selected by giving marks on the basis of norms prescribed by the Selection Committee.

(5) For selection to the Technical Services under the Janpad Panchayat the District Head of the Technical Department concerned shall be included in the Selection Committee.

(6) The selection to the direct service under the Janpad Panchayat shall be 'made out of the list of candidates supplied by the District Employment Exchange.

(7) Where the Employment Exchange fails to supply the list of the candidates possessing the prescribed qualification the Chief Executive Officer shall take steps to advertise the posts in the important News Paper approved by the Janpad Panchayat by special or general order inviting applications within such time as may be specified in the advertisement in the prescribed form by the Janpad Panchayat. It is essential that the candidates must be registered with any Employment Exchange.

(8) After the scrutiny of the applications the Selection Board shall interview the eligible candidates who are more suitable for appointment in order of merit. The orders of appointment shall be signed by the Chief Executive Officer on behalf of the Janpad Panchayat."

5. It is not disputed that in accordance with the procedure indicated in the above Rules intimation to the Employment Exchange was sent for recruitment to available vacancies of L.D.Cs. Pursuant thereto two petitioners were sponsored by the Exchange along-with other suitable candidates. The Panchayat then called some more names and it is only thereafter that name of one Munnalal was also sponsored by the Exchange.

6. It is also not disputed that the two petitioners faced the selection and were placed in the selection panel assigning them higher positions in the merit list.

7. The petitioner's grievance is that despite the recommendations in favour of the two petitioners for appointment against the available vacant posts of L.D.Cs the Janpad Panchayat did not issue orders of appointment in their favour because