Madhya Pradesh High Court
Sureshchandra vs Principal Secretary The State Of Madhya ... on 15 February, 2023
Author: Vivek Rusia
Bench: Vivek Rusia
-1-
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
WRIT PETITION No. 1296 of 2012
BETWEEN:-
SURESHCHANDRA S/O NAGUJI, AGED ABOUT 35
YEARS, R/O VILLAGE KARADIA, TEHSIL
DEPALPUR, DISTRICT INDORE (MADHYA
PRADESH)
.....PETITIONER
(SHRI P.R.BHATNAGAR - ADVOCATE FOR THE PETITIONER.)
AND
THE STATE OF MADHYA PRADESH, THROUGH
PRINCIPAL SECRETARY, PANCHAYAT AND
1. RURAL DEVELOPMENT DEPARTMENT,
VALLABH BHAWAN, MANTRALAYA, BHOPAL
(MADHYA PRADESH)
COLLECTOR, INDORE, DISTRICT INDORE
2.
(MADHYA PRADESH)
ZILA PANCHAYAT INDORE, THROUGH CHIEF
3. EXECUTIVE OFFICER, INDORE, DISTRICT
INDORE (MADHYA PRADESH)
JANPAD PANCHAYAT DEPALPUR, THROUGH
4. CHIEF EXECUTIVE OFFICER, DEPALPUR,
DISTRICT INDORE (MADHYA PRADESH)
GRAM PANCHAYAT KARADIA, THROUGH
5. SARPANCH, TEHSIL DEPALPUR, DISTRICT
INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI CHETAN JAIN - ADVOCATE FOR THE RESPONDENTS.)
Signature Not Verified
Signed by: DIVYANSH
SHUKLA
Signing time: 16-02-2023
10:37:10
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Reserved on : 02.02.2023
Delivered on : 15.02.2023
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This petition coming on for orders this day, the court passed the
following:
ORDER
The petitioner has filed this present petition being aggrieved by an order dated 03.01.2007 passed by Collector, Indore whereby the appointment of the petitioner to the post of Panchayat Karmi has been dismissed and order dated 22.11.2011 whereby the Additional Commissioner, Indore has dismissed the appeal.
The facts of the case in short are as under:
[1] The Gram Panchayat Karadia issued an advertisement dated 04.04.2006 inviting applications between the period 17.04.2006 to 19.04.2006. In pursuant to the advertisement, 10 applications were received and thereafter tentative merit list was prepared. Since the petitioner secured the highest marks, therefore, he was kept at serial No.1 for the post of Panchayat Karmi (Secretary) and proposal was sent to the Collector for approval of his selection.
[2] The Collector Indore has found certain irregularities in the selection that in the advertisement dated 04.04.2006 only two days was given for submitting the application whereas as per the directions issued by the Government, seven days ought to have been granted. A notice was issued to examine the selection process and three irregularities were found in the preparation of the seniority list apart from that two days' time was fixed for submitting the application/forms whereas as per the Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 16-02-2023 10:37:10 -3- direction issued by the Government, seven days' time should be given. The Chief Executive Officer, Janpad Panchayat submitted an explanation. The Collector vide order dated 03.01.2007 has set aside the appointment of the petitioner and directed the Panchayat to conduct afresh selection against which an appeal was preferred but the same was also dismissed and the order of Collector was upheld hence, this petition before this Court.
[4] Learned counsel for the petitioner submits that though two days' time was given for submitting an application the advertisement was issued on 04.04.2006 therefore, all the aspirants had 10 - 15 days' time to prepare the application and submit it within two days. Even otherwise within two days', ten applications were received and on the basis of the highest marks secured by the petitioner, he was kept at serial No.1. Without giving any opportunity hearing the Collector has set his selection aside. It is further submitted that the post is still lying vacant, therefore, the writ petition may kindly be allowed, and the direction be given to the respondent to appoint the petitioner to the post of Panchayat Karmi as well as the Secretary.
[5] The respondents have filed a reply by submitting that the minimum qualification for the post of Panchayat Karmi is 10+2 whereas the merit list was prepared and the petitioner was placed at serial No.1 by giving two marks of experience whereas in the advertisement there was no such provision for giving additional marks for the experience. It is apparent from the merit list filed in Annexure P/3 that the candidate at serial No.3 and 5 has secured more marks than the petitioner in the 10 th Class but the petitioner secured first position on the basis of two Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 16-02-2023 10:37:10 -4- additional marks. Even otherwise, the circular dated 12.09.1995 clearly provides that application can be submitted within 15 days' time from the date of the advertisement.
I have heard learned counsels for both parties and perused the record.
[6] The appointment of the petitioner has been cancelled on two grounds, firstly, he has wrongly been placed on serial No.1, by giving 2 additional marks and secondly, 15 days' time was not given for submitting the application form to all aspirants. So far as the qualification is concerned, the minimum qualification for the post is 10+2 and there is no provision for giving additional two marks for the experience. The qualification provided in the circular dated 12.09.1995 is reproduced below:
3- vgZrk,a 3-1 mEehnokj 10$2 iz.kkyh ds vUrxZr d{kk nloha ;k gkbZ Ldwy lVhZfQdsV ijh{kk mRrh.kZ gksxkA 3-2mEehnokj dh U;wure vk;q 18 o"kZ gksxkA 3-3lacaf/kr xzke iapk;r mDr of.kZr vgZrkvksa ds vykok vU; okaNuh; vgZrk izLrko ikfjr dj lfEefyr dj ldsxhA 3-4vuqlwfpr tkfr] tutkfr] fiNM+k oxZ rFkk efgyk mEehnokj dks izkFkfedrk nh tk,xhA 3-5,slk mEehnokj ;FkklaHko LFkkuh; gksA blls dk;Z dj ikus esa vklkuh gksxhA 3-6xzke iapk;r }kjk fufnZ"V dk;ksZa dks laikfnr djus gsrq mEehnokj ds ikl I;kZIr le; miyC/k gks] ;g lqfuf'pr fd;k tk,A [7] Therefore, it is clear that the petitioner was wrongly placed at serial No.1 by giving additional marks otherwise other candidates secured more percentage in the 10th class were there in the selection list, Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 16-02-2023 10:37:10 -5- therefore, the petitioner has not been selected on the basis of the highest marks secured in the selection. So far as the two days' time given in the advertisement for submitting an application is concerned, Clause 4.2 of the policy provides that the application can be submitted up to 15 days from the date of publication of the notice. In the present case, the advertisement was issued on 04.04.2006 and the last date of submission of the application was 19.04.2006, therefore, a clear 15 days' time was given. But the merit list was not prepared as per the circular of 1995, therefore, no relief can be granted to the petitioner.
In view of the above, Writ Petition is dismissed.
(VIVEK RUSIA) JUDGE Divyansh Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 16-02-2023 10:37:10