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

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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