Guddu Singh Yadav vs State of M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 362

VISHAL DHAGAT
Guddu Singh Yadav – Appellant
Versus
State of M. P. – Respondent

Advocates:
Santosh Kumar Meshram for petitioner; Shyam Yadav for respondent No. 5; K.S. Baghel Government Advocate.

Judgement Key Points

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ORDER

1. Petitioner has filed this writ petition under Article 226 of the Constitution of India challenging impugned order dated 21.9.2021 contained in Annexure-P/1 passed by Additional Commissioner, Sagar Division, Sagar and order dated 1.10.2021 (Annexure-P/6) passed by Tehsildar in pursuance of order dated 21.9.2021 given appointment to Lokendra Singh/respondent No.5 as 'Gram Kotwar' in Gram Jhirmila, Kariyapani, Tahsil-Shahnagr, District-Panna (MP).

2. Learned counsel appearing for petitioner submitted that order dated 21.9.2021 (Annexure-P/1) is bad in law as Commissioner allowed appeal on basis of higher educational qualification of respondent No.5 i.e. passing of Class-XII examination. He further prayed for direction to appoint petitioner on post of 'Kotwar'.

3. Learned Government Advocate appearing for State as well as counsel for respondent No.5 supported the order passed by Commissioner. It is submitted that respondent No.5 was more qualified then petitioner and Commissioner has rightly passed order dated 21.9.2021.

4. Heard the counsel for the parties.

5. Brief facts of the case for decision in writ petition are that petitioner was appointed as 'Kotwar' vide order dated 6.3

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