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VIVEK JAIN
Samirunnisha – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
These two petitions have been filed by two rival contenders to the post of Panchayat Karmi being aggrieved by the order dated 03.10.2018 passed by the Minister of State for Rural Development, Government of Madhya Pradesh, thereby cancelling the earlier process for appointment and directing fresh proceedings be carried out for filling up the post. Apart from challenging the aforesaid order, both rival candidates seek their own appointment to the post.
2. During pendency of the petition, respondent No.8 in WP 27643/2018 who is petitioner in WP 26046/2018 continued to work and expired in the intervening period i.e. on 13.2.2024. After his death, his Legal representatives have been substituted. Further development took place that his widow has been granted compassionate appointment on 13.6.2024 and the said order has also been put to challenge in WP 27643/2018 by way of amendment as Annexure P-22. Another candidate, namely Usha Bai, who was at Sr. No. 4 in the panel, has filed intervention application IA No. 13346/2024 in WP No. 26046/2018 asserting her own rights to appointment.
3. Due to similitude of facts and controversy involved, both these petitions are being decided by this
Appointments must adhere to merit as per statutory provisions; majority votes cannot override this requirement.
The main legal point established in the judgment is that the appointment of P.S.M. cannot be enquired into and cancelled retrospectively after the post's abolition on 01-07-2006 under Rule 20(iii) of....
The main legal point established in the judgment is the importance of adhering to the rules existing at the commencement of the selection process and the limitations of judicial review in interfering....
The principle of reservation must be adhered to in appointing an officiating Gram Pradhan, and the consent of Gram Panchayat members is essential for nominations.
A subsequent removal order not contested by the petitioner nullifies prior claims, emphasizing the duty to disclose all relevant past orders in administrative appeals.
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