Allahabad High Court
Atma Kharwar vs State Of U.P And 5 Others on 8 July, 2022
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 2204 of 2022 Petitioner :- Atma Kharwar Respondent :- State Of U.P And 5 Others Counsel for Petitioner :- Manish Gupta,Ramesh Rai Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Saurabh Shyam Shamshery,J.
1. This writ petition is filed seeking following reliefs:
"(i) Issue a writ, order or direction in the nature of mandamus commanding to the respondent no. 3 to ensure the selection of Panchayat Assistant/ Accountant-cum-Data Entry Operator of the Gram Panchayat Bairiya, Block Ramkola, District Kushinagar and issue the letter of appointment to the selected candidate forthwith."
2. This Court passed following orders on 20.05.2022 and 30.05.2022:
"Heard Mr. Ramesh Rai, learned counsel for petitioner, learned Standing Counsel representing respondents-1 to 5 and Mr. Sudhir Bharti, learned counsel representing respondent-6.
Petitioner has approached this Court for a writ of mandamus commanding respondent-3, District Magistrate, Kushinagar to ensure the selection for the post of Panchayat Assistant/Accountant cum Data-Entry Operator of Gram Panchayat- Bariya, Block- Ramkola, District- Kushinagar and issue letter of appointment to the selected candidate.
Learned counsel for petitioner contends that petitioner had also submitted her application form for the aforesaid post. Placing reliance upon the Government Order dated 25.07.2022, copy of which is on record as Annexure-1 to the writ petition, learned counsel for petitioner contends that selection for aforementioned post ought to have been completed on or before 07.09.2021.
Present writ petition came up for admission on 21.04.2022 and this Court passed following order:-
"Learned Standing Counsel prays for and is granted ten days' time to obtain instructions in the matter as to why the selection of Panchayat Assistant/Accountant-cum-Data Entry Operator is not being made in the Gram Punchayat-Bairiya, Block-Ramkola, District-Kushinagar, though in the merit list, the petitioner is placed at serial no.1.
Put up this case on 05.05.2022 as fresh."
Pursuant to above order dated 21.04.2022, learned Standing Counsel has received instructions. Same have been placed before this Court and are taken on record.
On the basis of instructions so received, learned Standing Counsel contends that the meeting of Gram Panchayat could not be convened and therefore the appointment could not be made.
Considering the nature of issue involved in present writ petition, an interim mandamus is issued commanding respondents to hold the meeting of Gram Panchayat within a period of one week from today and take the consequential action pursuant to the resolution passed in the meeting of Gram Panchayat immediately thereafter.
Matter shall re-appear as fresh on 30.05.2022."
"As per the order of this Court dated 20.05.2022, learned counsel for the Gram Panchayat unable to inform the Court whether the interim mandamus issued to respondents to hold meeting of Gram Panchayat within a period of one week, has been taken place or not.
The Gram Pradhan of the concerned Gram Panchayat is directed to appear before the Court along with relevant records on the next date fixed.
Put up this case again on 4th July, 2022 as fresh."
3. Learned counsel appearing for Gaon Sabha, on instruction, submits that pursuant to above orders a meeting was conducted and after considering the material available a resolution was passed to appoint one Surendra Prasad as Panchayat Assistant/Accountant-cum-Data Entry Operator. So far as petitioner is concerned, learned counsel submits that neither he has submitted any form nor he is a Scheduled Caste Candidate.
4. During pendency of this writ petition, process for selection has been undertaken and at this stage the Court cannot go into the controversy, whether application was submitted by petitioner or not. However, the writ petition is disposed of with liberty to petitioner to challenge the proposal taken by Gaon Sabha on all legally available grounds.
Order Date :- 8.7.2022 AK