Advocates:
['TRIPATHI MANISH P', 'COPY SERVED ON G P', '', 'GP', 'KEDAR BALBHIM R', 'DHANURE BRAMHANAND M', 'DAMA PRASHANT P', 'NAGARKAR KIRAN M']

1 919WP4581.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 4581 OF 2015

1. Rani D/o. Tukaram Kshirsagar,

Age : 23 years, Occu. Household,

R/o. Bobadewadi, Tq. Kaij,

Dist. Beed.

2. Shrinivas S/o. Vitthalrao Bobade,

Age : 27 years, Occu. Nil,

R/o. As above.

….. Petitioners

Versus

1. The State of Maharashtra,

Through : The Secretary,

Urban Development Department,

Mantralaya, Mumbai.

2. The Block Development Officer,

Panchayat Samiti, Kaij,

Tq. Kaij, Dist. Beed.

3. Grampanchayat Bobadewadi,

Tq. Kaij, Dist. Beed,

Through its Gramsevak

4. Mahadeo S/o. Bhaskar Karpe,

Age : 22 years, Occu. Student,

R/o. Bobadewadi, Tq. Kaij,

Dist. Beed.

5. Narayan S/o. Nagorao Borul,

Age : 25 years, Occu. Agril,

R/o. As above.

….. Respondents

..........

Shri. Manish P. Tripathi, Advocate for the petitioners

Shri. K. N. Lokhande, AGP for respondent/State

Shri. P. P. Dama, Advocate for respondent No. 2

Shri. B. M. Dhanure, Advocate for respondent no. 3

Mrs. Sonawane h/f Shri. B. R. Kedar, Advocate for respdts No. 4 & 5

.............

2 919WP4581.2015

CORAM : PRASANNA B. VARALE

AND

AVINASH G. GHAROTE, JJ.

DATE : 6^TH SEPTEMBER, 2019

ORAL JUDGMENT [PER PRASANNA B. VARALE, J.] : -

1.

Rule. Rule made returnable forthwith. Heard finally with

the consent of the parties and taken up for final disposal at admission

stage.

2.

Admitted controversy is raised in the petition by way of a

challenge to the appointment dt. 30.03.2015 issued in favour of

respondents No. 4 and 5, for the post of Gram Rojgar Sevak and

Peon, respectively. The facts which are not in dispute are, the Gram

Panchayat Bobadewadi, Tq. Kaij, Dist. Beed, thought it fit to appoint

the eligible candidates for the posts of Gram Rojgar Sevak and Peon.

Accordingly, the Public Proclamations dt. 15.01.2015 for the said

posts were issued and the same were affixed on the Notice Board.

Copy of these Public proclamations are annexed to the petition at

Exh. B. Perusal of the proclamation for the post of Gram Rojgar

Sevak shows that, the minimum qualification for the said post was

12^th std. passed. Subsequently, by way of Corrigendum dt.

13.03.2015, it is stated that in the earlier proclamation an error

occurred in respect of the minimum qualification and though it is

3 919WP4581.2015

stated in the earlier proclamation dt. 15.01.2015 that the requisite

qualification for the post of Gram Rojgar Sevak as 12^th std. passed,

the minimum qualification for the said post be read as 10^th std.

passed and it is in view of the Government Circular. The corrigendum

was also affixed on the Notice Board. In accordance with the said

proclamation/advertisement, the petitioners (who happen to be the

husband and wife) submitted their applications for the post of Gram

Rojgar Sevak and Peon. In their applications, they submitted that

they possess requisite qualification and they be considered for the

said posts.

3.

The Gram Sabha was held on 27.03.2015 in the office

premises of Gram Panchayat, Bobadewadi, under the Chairmanship

of Smt. Sumitra Jalindar Tonde, wherein two subjects namely

appointments to the posts of Gram Rojgar Sevak and Peon, were

taken up. Copy of the Resolution dt. 27.03.2015 passed in the said

Gram Sabha is placed on record at Exh. D. Perusal of the said

Resolution shows that, for the first subject i.e. appointment to the

post of Gram Rojgar Sevak, the Gram Sabha had a discussion about

the qualification of the candidates.

4.

It is stated in the said Resolution that, in all three

applicants had submitted applic