Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 10008/2018
(ARISING FROM SLP(C) No(s).7618/2015)
ARCHANA RATHORE AND ORS. APPELLANT(S)
VERSUS
STATE OF MADHYA PRADESH AND ORS. RESPONDENT(S)
WITH
CIVIL APPEAL NO(S). 10009/2018
(ARISING FROM SLP(C) No(s).6967/2015)
J U D G M E N T
KURIAN, J.
Heard learned counsel for the parties.
2. Leave granted.
3. The basis of challenge in both these appeals is
an amendment introduced by the State of Madhya
Pradesh in M.P. Education Service (School Branch)
Recruitment and Promotion Rules, 1982. The validity
of the amendment has been upheld by the High Court as
per the impugned order(s). During the pendency of
these appeals before this Court, it is brought to our
notice that the State has introduced two more
amendments, one in the year 2016 and the other in the
Signature Not Verified
Digitally signed by
NARENDRA PRASAD
Date: 2018.10.01
17:13:07 IST
Reason:
year 2018. We are also informed that the challenge
to the 2016 Amendment is pending before the High
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Court. Therefore, the emerging position is that even
if these appeals are allowed, the appellants are not
going to get any benefit since the subsequent
amendments will still stand in their way. However,
the learned counsel submit that they will not be in a
position to successfully challenge the amendments,
unless the basis of the impugned order(s) is also
permitted to be attacked in the new challenge that
they propose to make in 2016-2018 Rules.
4. Learned counsel appearing for the respondents
submit that it will be open to the appellants to take
all available contentions including the contentions
with regard to the amendment process as such and the
impugned order(s) may not stand in the way of such
contentions being taken under the new challenge.
5. Therefore, these appeals are disposed of with
liberty to the appellants to take all available
contentions before the High Court. The High Court
will consider the challenge on their own merits,
uninfluenced by any of the observations and findings
in the impugned orders.
6. In case any of the teachers has suffered on
account of pendency of these appeals and are not in a
position to participate in any competitive
examination on account of age bar, it will be open to
them to apply for relaxation in age, in case they are
otherwise eligible to participate.
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7. Pending applications, if any, shall stand
disposed of.
8. There shall be no orders as to costs.
.......................J.
[KURIAN JOSEPH]
.......................J.
[SANJAY KISHAN KAUL]
NEW DELHI;
SEPTEMBER 26, 2018.
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