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PETITIONER: STATE OF M.P. AND OTHERS

       Vs.

RESPONDENT: HYAMA PARDHI ETC. ETC.

DATE OF JUDGMENT16/11/1995

BENCH: K. RAMASWAMY, B.L. HANSARIA

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Delay condoned.      Leave granted.      These appeals  by special leave arise from the order of the Administrative Tribunal, Jabalpur 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  Auxilliary 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 A.N.M. in the pay scale of Rs.950-1350/-. The respondents were served  with notice dated 31st January, 1994 intimating that their  selection for  training was  illegal  and  their services would  be terminated  with effect from February 23, 1994. The  respondents challenged  the cancellation of their appointment.      The Tribunal  in the  impugned order  had held that the respondents having  been selected and undergone the training and the  competent authority  having  duly  appointed  them, cancellation of their appointment without any opportunity is violative of  the  principles  of  natural  justice  and  it accordingly  set   aside  the   order  and   directed  their reinstatement  with  consequential  benefits.  Hence,  these appeals by special leave.      It is  now an  admitted fact  across the  Bar that  the respondents   had    not   possessed    the    pre-requisite qualification, namely,  10+2  with  Physics,  Chemistry  and Biology as  subjects. The  Rules specifically  provide  that qualification as  a condition for appointment to the post of ANM. Since prescribed qualifications had not been satisfied, the initial selection to undergo training is per se illegal. Later appointments thereof are in violation of the statutory rules. The  Tribunal, therefore,  was not right in directing the reinstatement  of respondents. The question or violation

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of the  principles of  natural justice  does not  arise. The ratio of Shrawan Kumar Jha and Others vs. State of Bihar and others (AIR  1991  SC  309),  strongly  relied  on,  has  no application to the facts of this case. That was a case where appellants possessed initial qualifications but they did not undergo the training. Since the appointment was set aside on the ground  of want of training, this Court interfered with; directed the  Government to  reinstate them into service and further directed  them to  send the  appellants therein  for training.      The appeals  are allowed  and O.As. stand dismissed. No costs.