Case Note & Summary
The dispute arose from appointment of Auxiliary Nurse-cum-Midwives (ANMs) in Madhya Pradesh under the M.P. Public Health and Family Welfare Department Non-ministerial (Related to Directorate Health Services) Class-III Services Recruitment Rules, 1989, framed under proviso to Article 309 of the Constitution. The Rules prescribed the qualification of 10+2 with Physics, Chemistry and Biology as subjects for the post of ANM. The respondents did not possess that qualification. The District Medical Officer wrongly selected the respondents and sent them to training. After successful completion of training, he appointed them as ANMs in the pay scale of Rs.950-1350/-. A notice dated 31st January 1994 intimated 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 before the Administrative Tribunal, Jabalpur. The Tribunal held that the respondents having been selected and undergone training and the competent authority having duly appointed them, cancellation of their appointment without any opportunity was violative of the principles of natural justice. It accordingly set aside the order and directed their reinstatement with consequential benefits. The State of Madhya Pradesh filed appeals by special leave. It was admitted 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 provided 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 was per se illegal. Later appointments thereof were in violation of the statutory rules. The Tribunal therefore was not right in directing the reinstatement of respondents. The question of violation of the principles of natural justice did not arise. The ratio of Shrawan Kumar Jha and Others vs. State of Bihar and others (AIR 1991 SC 309) was distinguished because in that case appellants possessed initial qualifications but did not undergo training, and the appointment was set aside on the ground of want of training. The Supreme Court allowed the appeals and dismissed the original applications with no order as to costs.
Headnote
A) Service Law - Appointment - Eligibility Conditions - Constitution of India, Article 309; M.P. Public Health and Family Welfare Department Non-ministerial (Related to Directorate Health Services) Class-III Services Recruitment Rules, 1989 - Prescribed qualification of 10+2 with Physics, Chemistry and Biology for ANM post - Respondents lacked requisite qualification and selection for training was per se illegal; subsequent appointments in violation of statutory rules - Held Tribunal erred in reinstating; appeals allowed and original applications dismissed (Paras Not mentioned) B) Natural Justice - Termination of Illegal Appointment - Violation of Statutory Rules - Principles of natural justice not attracted when initial selection itself illegal; Shrawan Kumar Jha distinguished because there initial qualifications were possessed - Held no opportunity required before cancelling invalid appointments (Paras Not mentioned)
Issue of Consideration
Whether cancellation of appointments of Auxiliary Nurse-cum-Midwives who lacked prescribed qualification without opportunity violated principles of natural justice and whether Tribunal's reinstatement order was sustainable.
Final Decision
Appeals allowed; original applications dismissed; no costs. Tribunal's order set aside; termination upheld.
Law Points
- Prescribed qualification is mandatory condition for appointment
- selection without qualification is per se illegal
- appointment in violation of statutory rules void
- principles of natural justice not attracted when initial appointment illegal
- Shrawan Kumar Jha distinguished
