CORAM : SMT. M. S. JAWALKAR AND PRAVIN S. PATIL, JJ.

ARGUMENTS HEARD ON : JULY 31, 2025.

PRONOUNCED ON : AUGUST 07, 2025.

JUDGMENT [PER PRAVIN S. PATIL, J.]

Heard. Rule. Rule made returnable forthwith. By consent of the parties, Petition is taken up for final hearing at the stage of admission.

By the present Petition, Petitioner takes exception to the order dated 22/12/2023, by which, the Respondent No.2/Chief Executive Officer, Zilla Parishad, Wardha cancelled the recruitment exercise for the post of Peon undertaken by the Respondent Nos.4 and 5/Grampanchayat, Antargaon in the year 2022. The Petitioner seeks indulgence of this Court to redress his grievance.

It is the case of the Petitioner that Respondent Nos.4 and 5 issued the public notice for the post of Peon in Grampanchayat, Antargaon, Tahsil Seloo, District Wardha. As per the advertisement, the post of Peon was shown from open category and requisite qualification for the post was 7th standard pass and have knowledge of computer and other factors. In the advertisement, the criteria of age limit was between eighteen to thirty years and for SC/ST/OBC category three years were relaxed. Accordingly, for reserved category the age limit was thirty-three years.

The Petitioner stated that his date of birth being 1/1/2002 and he belongs to Caste of Mahar, applied for the post of Peon. According to him, when he applied for the said post, he was twenty years of age. In the same manner, the Respondent No.6 also applied for the post of Peon in pursuance of advertisement and at the time of filing application considering his date of birth as 21/4/1988, he was thirty-three years and eight months old.

That in the recruitment exercise total eleven candidates had participated including the Petitioner and Respondent No.6. Accordingly, in the recruitment exercise written examination was also conducted and comparative chart of the candidates appeared for the post was prepared by the Respondent Nos.4 and 5. As per the said chart, Respondent No.6 secured 84 marks out of 100, whereas Petitioner has secured 64 marks out of 100.

That during the recruitment exercise, there were certain complaints made by the villagers to the Block Development Officer, and therefore, considering the said objections the Block Development Officer, accordingly by telephonic message directed to stay recruitment exercise. In

pursuance of the same, the Grampanchayat by its resolution dated 28/2/2022, stopped the recruitment exercise for the post of Peon. Subsequently, the stay granted by the Block Development Officer was vacated by the Respondent No.2 and Grampanchayat was directed to continue the recruitment exercise for the post of Peon vide communication dated 31/5/2022.

It is pertinent to note that after conducting the written examination and the chart prepared by the Grampanchayat, the candidates were called for verification of their documents. At the time of verification of the documents, Respondent Nos.4 and 5 found that there is variation of date of birth of Respondent No.6 in the document of School Leaving Certificate. Accordingly, explanation was sought from him about the said variation. However, Respondent No.6 failed to submit reliable and authentic School Leaving Certificate, and therefore, Grampanchayat in its meeting dated 7/6/2022 decided to appoint the next candidate as per the merit list i.e. Petitioner against the post of Peon.

In pursuance of the resolution of the Grampanchayat, Petitioner came to be appointed vide appointment order dated 7/6/2022, initially for a period of six months on contract basis. The Petitioner has successfully completed six months’ period against the post of Peon. Therefore, considering

his satisfactory work, the Respondent Nos.4 and 5, vide its resolution dated 8/2/2023, confirmed his services against the post of Peon.

That in the present matter, near about more than one year Respondent No.6 raised his grievance before the Member of Parliament alleging that appointment of