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2016 Supreme(MP) 497
IN THE HIGH COURT OF MADHYA PRADESH
Sheel Nagu, J.
Omprakash Singh Rathore v. State of M.P. and others
Writ Petition No.330 of 2010 (Gwalior); Decided on 31.8.2016.
Headnote:Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 (M.P.) -- Sch.II col.4 -- Constitution of India -- Arts.16 and 226 -- appointment of Panchayat Karmi -- governed by Panchayat Karmi Yojna with no Recruitment Rules in vogue -- criminal antecedents not prescribed under -- discrimination on ground of residence is abhorrent to and violative of fundamental right -- petitioner's candidature is more meritorious and wrongly declared to be unsuitable for appointment -- impugned order set aside -- resolution of Gram Panchayat pertaining to petitioner and respondent No.4 set aside -- and same is directed to reconsider candidature of petitioner for same post -- petition allowed.
Held : In this view of the matter when petitioner’s candidature did not suffer any disqualification, Gram Panchayat was left with the solitary course of comparing the marks obtained by the petitioner vis- a- vis the respondent No.4 in Class Xth examination which is the basic minimum prescribed qualification under the Guidelines and the Advertisement Annexures P-3 and P-5 respectively. Perusal of the merit list reproduced in the impugned order it is evident that the petitioner secured 65.5% in High School whereas respondent No.4 secured 57.06 %. The candidature of the petitioner thus was more meritorious when compared with the candidature of respondent No.4. 2015 (3) MPLJ 356 relied on.
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1. This matter was taken up under the category of “More than five years old cases”. The present petition under Article 226 of the Constitution of India assails the order dated 23.12.2009 contained in Annexure P-1 whereby the Collector, Morena has upheld the resolution dated 24.8.2009 of Gram Panchayat Pacher resolving to appoint the respondent No.4 as Panchayat Karmi at Gram Panchayat Pacher, Janpad Panchayat Sabalgarh, District Morena.
Undisputed facts :
2. Learned counsel for the rival parties are heard.
3. The present case involves chequered history and therefore the same is detailed below in tabular form in chronological order.
Dates
Events
24.5.2006
Advertisement calling applications to fill up post of Panchayat Karmi at Gram Panchayat-Pacher.
20.6.2006
One Jaivendra Singh is appointed as Panchayatkarmi of Gram Panchayat in question.
Immediately thereafter
Canceling the appointment of Jaivendra Singh as Panchayat Karmi of Gram Panchayat Sandeep Dohare is appointed on the said post because of criminal antecedents of Jaivendra Singh.
18.7.2006
Sandeep Dohare is bestowed with Secretarial Power under section 69(1) of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (Panchayat Raj Adhiniyam for brevity).
Thereafter
Jaivendra Singh being aggrieved preferred appeal before Additional Commissioner, Chambal Division, Morena.
Simultaneously
Another appeal was also preferred by one Asha Kushwah respondent No.4 herein.
20.6.2007
Both the appeals of Jaivendra Singh and respondent No.4 are decided holding the order dated 26.7.2006 to be unlawful and respondent No.4 being more meritorious than Jaivendra Singh, is appointed as Panchayat Karmi
Writ Petition No.3960/2007
Preferred by Sandeep Dohare against orderof the Additional Commissioner, Chambal Division, Morena dated 20.6.2007.
1.4.2008
Writ Petition No.3960/2007 is disposed of by holding that process as election instead of selection, followed for appointing of Panchayat Karmi is unlawful and therefore direction issued for adopting the right process of recruitment to fill up post ofPanchayat Karmi.
9.4.2008
Resolution of Gram Panchayat appointing respondent No.4 as Panchayat Karmi.
Writ Petition No.5434/2008
Filed by Omprakash Singh Rathore against the resolution dated 9.4.2008.
10.7.2009
Writ Petition No.5432/2008 is disposed of with direction to Gram Panchayat to prepare merit list and thereafter appointing Panchayat Karmi within 30 days after holding that in the first round of litigation no merit list as directed was prepared.
Writ Appeal No.308/2009
Filed by the respondent No.4 against the order dated 10.7.2009.
10.8.2009
Writ Appeal is dismissed.
24.8.2009
Resolution passed by the Gram Panchayat and preparing merit list and appointing respondent No.4 as Panchayat Karmi after finding following discrepancies in the candidature of the petitioner:
1. Petitioner is over age.
2. Name of the petitioner is mentioned in voter list of two different places.
3. Petitioner is not a local resident.
4. Petitioner has criminal antecedents due to registration of offence punishable under section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989 on 5.6.2008.
23.12.2009 (vide P-1)
Impugned order of the Collector, Morena upholding the resolution dated 24.8.2009 of Gram Panchayat appointing respondent No.4 as Panchayat Karmi.
Submission of petitioner :
4. Learned counsel for the petitioner submits that impugned order of the Collector is unlawful as the reason assigned by the Gram Panchayat in its second resolution dated 28.4.2009 are untenable in law. The advertisement (vide Annexure P-5) dated 25.4.2008 is based on
