Allahabad High Court
Smt. Gayatri Devi Sharma vs State Of U.P. And Others on 16 July, 2019
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 10226 of 2011 Petitioner :- Smt. Gayatri Devi Sharma Respondent :- State Of U.P. And Others Counsel for Petitioner :- M. Shahanshah Khan Counsel for Respondent :- C. S. C.,S.C.Mishra Hon'ble Neeraj Tiwari,J.
Supplementary counter affidavit filed today be taken on record.
Heard learned counsel for the petitioner, learned standing counsel for respondent Nos. 1, 2, 3 & 5.
It is stated in the counter affidavit that respondent No. 4- Smt. Sangeeta Singh is no more.
Present petition has been filed challenging the impugned order dated 30.07.2010 passed by respondent No. 2-Chief Medical Officer, Mirzapur.
Learned counsel for the petitioner submitted that petitioner is resident of Village Madwa Dhanawal, Tehsil Lalganj District Mirzapur. It is further submitted that District Gramin Swasthya Mission Mirzapur issued advertisement dated 03.10.2010 inviting application for the post of Auxiliary Nurse Midwife (Female) (in short 'A.N.M.') in the sub- centre Madwa Dhanawal of the Primary Health Centre Halia District Mirzapur. Petitioner being fully qualified for the said post, has submitted application form and also annexed domicile certificate dated 17.10.2008 issued by Gram Panchayat Vikas Adhikari, but the application form of the petitioner was rejected vide order dated 06.04.2010 on the ground that application form was not complete in accordance with rules. Petitioner has challenged the said order by filing Writ-A No. 27929 of 2010 which was allowed by this Court vide order dated 17.05.2010 setting aside the order dated 06.04.2010 and remanding the matter back to the respondent No. 2 to decide the same afresh. Pursuant to that, impugned order dated 30.07.2010 has been passed and candidature of petitioner has been rejected on the ground that domicile certificate was not issued by the Secretary, Gram Panchayat. Apart from this, no other ground is taken for cancellation of application form of petitioner.
Learned counsel for the petitioner has made specific averment in paragraph 24 of the writ petition that Gram Panchayat Vikas Adhikari and Secretary, Gram Panchayat are the same post and in supplementary counter affidavit, the same was not properly denied. Lastly, it is submitted that under such facts and circumstances, impugned order dated 30.07.2010 is bad and is liable to be set aside and further requested that a suitable direction may be issued to the respondent No. 2 to issue appointment letter to the petitioner.
This court vide order dated 01.07.2019 has passed the following order:-
"Learned counsel for the petitioner is permitted to implead District Panchayat Raj Officer, Mirzapur as respondent no.5 during the course of day.
In the present matter, candidature of the petitioner was rejected only on the ground that Domicile Certificate has not been issued by the Secretary of Gram Panchayat whereas it has been issued by the Gram Panchayat Vikas Adhikari alongwith Gram Pradhan. It is specific averment in Paragraph 24 of the writ petition that Gram Panchayat Vikas Adhikari is also Secretary of Gram Panchayat, which was not properly denied by the State in paragraph 23 of the counter affidavit.
Learned Standing Counsel is directed to file supplementary counter affidavit with specific reply to the paragraph 24 of the writ petition clearly mentioning therein that whether Gram Panchayat Vikas Adhikari and Secretary, Gram Panchayat are the same post or not. If both are different posts, detail of the post shall also be given.
List this case on 16th July, 2019.
In case supplementary counter affidavit is not filed on or before 16th July, 2019, the Court would have no option, but to direct the respondent no.5 to appear in person before this Court on the next date fixed."
Pursuant to the order dated 01.07.2019, learned standing counsel has filed supplementary counter affidavit and content of Paragraph 24 of the writ petition was not denied but it was accepted. Relevant Paragraph Nos. 7 and 8 of the supplementary counter affidavit is being quoted below:-
"7. That it is also relevant to mention here that at the time of publication of advertisement dated 03.10.2008 (Annexure no. 1 to the writ petition), the Village Development Officer of the concerned village was also discharging the duties and responsibilities of the Secretary of Gram Panchayat as such he has issued the domicile certificate dated 17.10.2008 (Annexure no. 2 to this writ petition) being the Secretary of concerned Gram Panchayat, Madawa Dhanawal, Block Halia, District Mirzapur. It is also pertinent to mention here that when the Gram Vikas Adhikari also discharge the duties of the Secretary of the concerned Gram Panchayat, he used the seal as Gram Panchayat Vikas Adhikari, therefore, when on 17.10.2008, the aforesaid domicile certificate was issued by the Gram Panchayat Vikas Adhikari, he was discharging the duty of the Secretary of the concerned village Madawa Dhanawal.
8. That it is pertinent to mention here that there is no such post in the name of Gram Panchayat Vikas Adhikari. When the Gram Vikas Adhikari i.e. Village Development Officer also discharge the duties and responsibilities of the Secretary, Gram Panchayat, he used the seal as the Gram Panchayat Vikas Adhikari."
On being confronted by the Court, learned standing counsel very fairly stated that there is no defect in domicile certificate of petitioner dated 17.10.2008 in the light of counter affidavit and affidavit filed by respondent Nos. 3 and 5.
I have considered rival submissions advanced by learned counsel for the parties and perused the record.
Under such facts and circumstances of the case when this fact is undisputed that domicile certificate of petitioner is not having any defect and has been rightly issued by the Gram Panchayat Vikas Adhikari holding the post of Secretary Gram Panchayat and further no other ground is taken in the impugned order dated 30.07.2010 for cancellation of application of petitioner for appointment on the post of Auxiliary Nurse Midwife (Female) (in short 'A.N.M.'), impugned order dated 30.07.2010 is not sustainable and is liable to be set aside so far as it relates to the petitioner.
Accordingly, impugned order dated 30.07.2010 is set aside so far as it relates to the petitioner and writ petition is allowed. No order as to costs.
Respondent No. 2 is directed to issue appointment letter to the petitioner within three weeks from the date of production of certified copy of this order. If there is any legal impediment in issuance of appointment letter, he shall pass reasoned order within the same time.
Order Date :- 16.7.2019 Sartaj