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Madhya Pradesh High Court

Rambai Rathore vs Chief Executive Officer on 2 December, 2021

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1                                MP-2995-2018
                                The High Court Of Madhya Pradesh
                                          MP No. 2995 of 2018
                                      (RAMBAI RATHORE Vs CHIEF EXECUTIVE OFFICER AND OTHERS)


                      Jabalpur, Dated : 02-12-2021
                               Shri R. S. Rathore, learned counsel for the petitioner.

                               Shri Dharmendra Kaurav, learned Panel Lawyer for the respondents-

State.

Petitioner has filed this writ petition challenging order dated 10.4.2018 by which appeal filed by petitioner was dismissed by Collector.

Learned counsel for petitioner submitted that petitioner has filed an appeal before Collector to grant additional mark to petitioner as petitioner was possessing Diploma in Computer Application. Collector has considered his appeal and same was dismissed on ground that name of petitioner was not in the voters list of the concerned village which is a necessary qualification. It is submitted that grounds raised by petitioner for grant of additional marks was not considered and appeal was rejected on some other ground. It is submitted that the issue which was taken up by Collector was not germane to the appeal and was not in issue in appeal and documents of petitioner showing his residence in village was not considered.

No reply has been filed by respondent/State. Matter is pending before this Court since 2018.

Considering the aforesaid, order passed by Collector dated 10.4.2018 is quashed and matter is remanded back to Collector, Annuppur to decide it afresh considering all the grounds which were raised by petitioner in his appeal and will also consider all documents regarding local residence of petitioner in village.

A cost of Rs.10,000/- is imposed on Chief Executive Officer, Janpad Panchayat Jaithari, District Annuppur, which shall be deposited with the M.P. High Court Legal Services Authority, Jabalpur within 15 days.

With the aforesaid direction, this writ petition stands disposed off.

Signature
 SAN
Verified
          Not                  Certified copy as per rules.
Digitally signed by
MONSI M SIMON
Date: 2021.12.03
12:29:27 IST
                             2           MP-2995-2018
                                (VISHAL DHAGAT)
                                     JUDGE
                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2021.12.03
12:29:27 IST