Section 6 in The M.P. Ashaskiya Shikshan Sanstha (Anudan Ka Pradaya) Adhiniyam, 1978
6. Prohibition on creation of posts and appointments of staff and termination of services.
- Notwithstanding anything contained in any law for the time being in force or any rules, regulations, bye-laws, statutes or regulations made thereunder,-(a)on and from the appointed date,-(i)no post of a teacher or other employee shall be created [***] [The words 'except in such scale of pay as the State Government, from time to time, determine', omitted by Madhya Pradesh Act No. 26 of 2000, Section 6 (w.e.f. 18-8-2000).] and no teacher or other employee shall be recruited without following the procedure prescribed in this behalf;(ii)the teachers or employees shall have such qualifications and experience as may be prescribed; and(iii)[no teacher or other employee shall be dismissed or removed from service or his services terminated except by an order passed after following such procedure as may be prescribed] [Substituted by M. P. Act No. 24 of 1981 (w.e.f. 20-7-81).]:Provided that a teacher or other employee may prefer an appeal against his dismissal, removal or termination from service to an appellate authority as the State Government may, by notification, specify within thirty days from the date of receipt of the order by him and such authority may after holding such enquiry as it may deem fit in the manner prescribed, may either set aside or confirm or modify the said order and pending the disposal of appeal, the appellate authority may also stay the operation of order on such grounds, as it thinks fit;(iv)no teacher or other employee shall be placed under suspension for more than ninety days without such prior approval of the competent authority:Provided that the competent authority shall give its approval only after holding such enquiry and within such time as may be prescribed;(b)the competent authority may on an application made within thirty days from the appointed date by a teacher or an employee of an institution, who has been dismissed or removed from service or whose service has been terminated by the management of an institution at any time on or after the 17th November, 1977, after giving the management of the institution and the persons affected by such dismissal, removal or termination a reasonable opportunity of being heard and after conducting such enquiry as it may deem fit, declare the dismissal, removal or termination, as the case may be, to be void and direct the management of the institution to reinstate such teacher or employee in service;(c)the competent authority shall review all the cases of appointment of teachers and other employees made during the period commencing from the 17th November, 1977 and ending on the date of commencement of this Act and, if it, after giving the management of the institution and the person concerned a reasonable opportunity of being heard, finds that the appointments were made in anticipation of this Act, it may by an order in writing for reasons to be stated therein disapprove such appointment.
