IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE PUSHPENDRA YADAV

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ON THE 27 OF OCTOBER, 2025 WRIT APPEAL No. 2941 of 2025 DILKHUSH MEENA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri MPS Raghuvnashi, learned Sr. Advocate with Shri Dharmendra Singh Raghuwanshi - Advocate for the petitioner.

Shri Ankur Mody, learned Additional Advocate General for respondents/State.

Shri Shivendra Singh Raghuvanshi, learned counsel for the respondent No.5.

ORDER Per: Justice Pushpendra Yadav The instant intra-court appeal has been filed under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 27/09/2025 passed in W.P.No.5236/2013 whereby the writ petition filed by the respondent No.5 has been allowed by quashing the order dated 14.05.2013 passed by respondent No.2 and final selection of appellant for appointment on the post of Gram Rojgar Sahayak.

2. Matter pertains to appointment on the post of Gram Rojgar Sahayak in Gram Panchayat Makdawada Kalan, Tehsil Baroda, District Sheopur. The respondents issued an advertisement dated 06.07.2012 inviting applications for appointment to the post of Gram Rojgar Sahayak in various Gram Panchayats. The appellant herein and respondent No.5 both applied for appointment on the post of Gram Rojgar Sahayak Panchayat Makdawada Kalan, Tehsil Baroda, District Sheopur. As per advertisement, the last date of submission of the form was 26.07.2012. Along with the application form, respondent No.5 submitted the voter ID card to establish the fact that he is local resident of concerning Gram Panchayat. Subsequently, a provisional merit list was issued wherein the name of respondent no.5 was placed at Serial No.1 securing 123.80 marks whereas, the name of appellant herein was placed at Serial No.2 securing 120.22 marks.

3. The appellant herein submitted the objection in respect of non-

inclusion of the name of respondent No.5 in the voter list. On 17.12.2012, final select list was issued whereby the appellant herein was selected for appointment on the post of Gram Rojgar Sahayak and candidature of respondent No.5 was rejected on the ground that voter list is not annexed. The respondent challenged the said action before the Collector in appeal. The Collector vide order dated 14.05.2013, rejected his appeal. Feeling aggrieved by the same, respondent No.5, filed writ petition which was allowed by the impugned order by quashing the selection of appellant. Hence, the present appeal.

4. The contention of counsel for the appellant is that the last date for submission of form was 26.07.2012 and on that date, name of respondent No.5 was not included in the voter list, hence, he did not fulfill the eligibility criteria for the post and the authorities have rightly excluded his name from the final select list. The learned writ Court has relied upon and taken assistance from the documents other than those prescribed for determining the issue of local residence, which is not permissible in law. As per the submission of learned counsel for the appellant, inclusion of name of candidate in concerned voter list is mandatory for appointment on the post of Gram Rojgar Sahayak on the cut off date which is the last date of submission of form. To bolster his submission, he relied upon the order passed by learned Division Bench of this Court in the case of Hariom Mali Vs State Of M.P. and Ors. passed in W.A.No.106/2015 vide order dated 20.03.2020 and the order passed by this Court in case of Jitendra Singh Gurjar Vs. State of M.P. and Ors. reported in 2024 SCC Online MP 915.

5. Learned Additional Advocate General supported the case of appellant by contending that the Collector has rightly dismissed the appeal filed by respondent No.5.

6. Learned counsel for the respondent No.5 vehemently opposed the contentions raised by the appellant and stated that he is local resident of concerned Gram Panchayat and his