Rajasthan High Court - Jodhpur
Dalpat Singh Kadecha & Ors vs State Of Rajasthan & Ors on 29 November, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2373 / 2017
1. Dalpat Singh Kadecha S/o Shri Tej Singh, Aged About 26 Years,
R/o Village Kadecha Ki Bhagal, Post Kunthwa, Tehsil Nathdwara,
District Rajsamand.
2. Naval Singh S/o Shri Bhur Singh Chundawat, R/o Village
Kadecha Ki Bhagal, Post Kunthwa, Tehsil Nathdwara, District
Rajsamand.
3. Vishal Salvi S/o Shri Mangi Lal Salvi, R/o Village Kadecha Ki
Bhagal, Post Kunthwa, Tehsil Nathdwara, District Rajsamand.
4. Ramesh Chandra S/o Shri Devi Lal Balai, R/o Village Kadecha Ki
Bhagal, Post Kunthwa, Tehsil Nathdwara, District Rajsamand.
5. Usha Gehlot D/o Shri Laxmi Narayan Gehlot, R/o Village
Kadecha Ki Bhagal, Post Kunthwa, Tehsil Nathdwara, District
Rajsamand.
6. Rani Kunwar D/o Shri Virendra Singh Rajput, R/o Village
Kadecha Ki Bhagal, Post Kunthwa, Tehsil Nathdwara, District
Rajsamand.
7. Rajesh Kumar S/o Shri Kashi Ram Nat, R/o Village Kadecha Ki
Bhagal, Post Kunthwa, Tehsil Nathdwara, District Rajsamand.
8. Manju Kunwar D/o Shri Jot Singh Balla, R/o Village Kadecha Ki
Bhagal, Post Kunthwa, Tehsil Nathdwara, District Rajsamand.
9. Reena Purohit D/o Shri Durga Shankar Purohit, R/o Village
Kadecha Ki Bhagal, Post Kunthwa, Tehsil Nathdwara, District
Rajsamand.
10. Bheru Singh S/o Shri Kishan Singh Chundawat, R/o Village
Kadecha Ki Bhagal, Post Kunthwa, Tehsil Nathdwara, District
Rajsamand.
11. Chitresh Sharma S/o Shri Ganesh Lal Sharma, R/o Village
Kadecha Ki Bhagal, Post Kunthwa, Tehsil Nathdwara, District
Rajsamand.
12. Vishnu Sharma S/o Shri Ganesh Lal Sharma, R/o Village
Kadecha Ki Bhagal, Post Kunthwa, Tehsil Nathdwara, District
Rajsamand.
13. Neelam Purohit D/o Shri Prem Shankar Purohit, R/o Village
Kadecha Ki Bhagal, Post Kunthwa, Tehsil Nathdwara, District
Rajsamand.
14. Krishan Kant Purohit S/o Shri Sunder Lal Purohit, R/o Village
Kadecha Ki Bhagal, Post Kunthwa, Tehsil Nathdwara, District
(2 of 5)
[CW-2373/2017]
Rajsamand.
15. Bheru Lal S/o Shri Modi Ram Balai, R/o Village Kadecha Ki
Bhagal, Post Kunthwa, Tehsil Nathdwara, District Rajsamand.
----Petitioners
Versus
1. The State of Rajasthan Through Secretary, Department of Rural
Development and Panchayati Raj, Government of Rajasthan,
Secretariat, Jaipur.
2. Addl, Commissioner and Joint Secretariat, Rural Development
and Panchayati Raj Department, Rajasthan, Jaipur.
3. Chief Executive Officer, Zila Parishad, Rajsamand.
4. District Education Officer (Elementary), Rajsamand
5. Block Development Officer, Panchayati Samiti Khamnor, District
Rajsamand.
6. Sarpanch Gram Panchayat Kunthwa, Panchayat Samiti Khamnor
District Rajsamand.
7. School Development Management Committee, Government of
Aadarsh Senior Secondary School, Kunthwa, Tehsil Nathdwara
District Rajsamand.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Ravindra Paliwal
For Respondent(s) : Mr. S.S. Ladrecha, AAG
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 29/11/2017
1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India with the following prayers:
"A. The selection of the Gram Panchayat Sahayak at Gram Panchayat Kunthwa, Panchayat Samiti Khamnor, District Rajsamand, may kindly be declared highly illegal, arbitrary, unjust and same may kindly be quashed and set aside.
B. The respondents may kindly be directed to hold the interview and document verification of the petitioners (3 of 5) [CW-2373/2017] and other applicants for appointment on the post of Gram Panchayat Sahayak at Gram Panchayat Kunthwa, Panchayat Samiti Khamnor, District Rajsamand. C. The respondents may kindly be directed to publish the merit list of Gram Panchayat Sahayak and select the meritorious candidate on the post of Gram Panchayat Sahayak.
D. Any other appropriate writ, order or direction which this Hon'ble Court deems just and proper may kindly be passed in favour of the petitioner."
2. Learned counsel for the petitioner states that the matter is squarely covered by the judgment rendered by a coordinate Bench of this Court in Bhoma Ram Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.6023/2017) decided on 01.06.2017.
3. Learned counsel for the petitioner also states that the matter is squarely covered by the judgment rendered by a coordinate Bench of this Court in Sunita Sharma Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1032/2017) decided on 24.05.2017.
4. The coordinate Bench of this Court on 24.05.2017 has passed the following order in Sunita Sharma Vs. State (Supra):
"Learned counsels for the petitioners have submitted that before commencement of interview for recruitment to the post of Gram Panchayat Sahayak, no criteria was adopted. They have submitted that the interview conducted was a sham and farce and before commencement of interview, members of the interview panel have decided the names of the persons to whom appointment was to be given. It is contended that selection is nothing but a favouritism practiced in the garb of interview.
Shri S.K. Gupta, learned Additional Advocate General, has contended that for better governance, State Government is committed to ensure transparency in the process of selection of a Gram Panchayat Sahayak (4 of 5) [CW-2373/2017] and hence, the State Government to allay apprehension of persons who had participated in the selection process, shall constitute a committee consisting of Collector of the concerned District, Chief Executive Officer of the concerned Zila Parishad and District Education Officer (Elementary) of the concerned District. Shri Gupta has made this statement on the instructions of Shri Sunil Kumar Sharma, Joint Secretary, Elementary Education, Government of Rajasthan.
Shri Gupta has further stated that a circular regarding constitution of the committee shall be issued within one week from the date of receipt of certified copy of this order. Shri Gupta has further submitted that since work of Gram Panchayat is suffering, this court may stipulate a schedule regarding filing of representation/complaint to the committee regarding selection made by each Gram Panchayat.
This court appreciate the fair stand taken by the State Government.
Hence, the present bunch of writ petitions listed today is disposed of by issuing following directions:-
(a). That the State Government shall issue a circular regarding constitution of the committee within one week from the date of receipt of certified copy of this order.
(b). That from the date of selection of the candidate or within fifteen days from constitution of the committee, whichever is later, any candidate who had participated in the interview, is having grievance and is dissatisfied, may file a representation before the committee.
(c). That the said committee after looking into the record, shall decide the representation by passing a detailed reasoned speaking order.
(d). That copy of the order to be passed upon the representation shall be sent to the candidate through registered post.
(e). That if the candidate who has filed representation, is still aggrieved of the decision, he or she may, within one month from the date of receipt of registered post, take recourse to lawful remedy available to him/her in accordance with provisions of law.
(f). That for putting the candidates to notice who had participated in the selection process, this order and (5 of 5) [CW-2373/2017] the circular so issued by the State Government shall be uploaded on the official website of the Rural Development & Panchayati Raj Department and the Education Department (Elementary).
As a parting note, a direction is given to the Deputy Registrar (Judicial) that all cases pertaining to recruitment of Gram Panchayat Sahayak, be listed upon submission of application by the concerned counsel.
A copy of this order under seal and signature of Court Master be handed over to Shri S.K. Gupta, learned AAG, for onward transmission and compliance."
5. Learned Additional Advocate General assures this Court that if the representation is made by the petitioner, the same shall be decided in light of the same terms of Bhoma Ram Vs. State (supra) and Sunita Sharma Vs. State (supra) strictly in accordance with law.
6. In light of the aforequoted judgment, the writ petition is disposed of.
(DR. PUSHPENDRA SINGH BHATI)J. zeeshan/