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(11 of 23) [cw-12566/2017]

22. Learned counsels for the petitioners further pointed out that all the candidates before the Court today as petitioners in all the writ petitions had acquired the final clearance from the SDMC/SMC/District Level Committee and were either appointed or were at the verge of being given appointment.

23. Learned counsels for the petitioners also pointed out that any deprivation at this stage to the persons, who had gone through the complete selection process laid down by the respondents would not only be detrimental to the rule of law, but would also cause serious prejudice to the opportunity of employment, that was secured by the petitioners after finding place in the final approval by the District Level Committee.

36. Thus, the petitioners, strictly in accordance with the policy laid down by the respondents, have undergone the selection process (20 of 23) [cw-12566/2017] and have qualified for being finally appointed and many of them have been given appointment, however, in some of the cases, the appointment is only waiting for the orders to be issued in that regard. Thus, all the candidates have completely gone through the selection process and are entitled for being appointed as Gram Panchayat Sahayaks.

44. Thus, in light of the aforesaid observations as well as the precedent laws cited by learned counsel for the petitioners, the present writ petitions are allowed and the respondents are directed to give the petitioners proper opportunity of hearing by calling them or taking their representations regarding the issues, which are required to be considered on the complaint/representation received from the ousted candidates. The reasons for ouster are to be specifically communicated to the petitioners so that they could represent and rebut such reasons of ouster by bringing on record their own defence. The Committee has already been constituted in pursuance of the orders of this Hon'ble Court passed in the matters of Sunita Sharma and Bhoma Ram (supra), and therefore, no fresh Committee needs to be constituted. The respondents shall be required to communicate the reasons for the proposed ouster of the petitioners, and on such communication, a proper opportunity of hearing shall be given to the petitioners to defend their appointment/selection. After such exercise is completed, the respondents shall be free to take fresh stand in respect of the appointments based on merit, the reasons for ouster and the defence submitted by the petitioners. After such opportunity of hearing is completed with proper application of mind by the concerned authorities, then the valuable right of appointment/selection shall be appropriately reconsidered by the respondents, if so required. Until such exercise is completed, the de novo process of selection pursuant to the aforementioned dated 15.09.2017 would not operate only for the Gram Panchayats, where the selection has been finally approved by the District Level Committee. It is made clear that the respondents shall meanwhile maintain the status quo in respect of the services of the petitioners. It is also made clear that all the impugned termination orders stand quashed and the respondents shall be required to pass fresh orders after the proper opportunity of hearing is given to the persons, so selected. Since the persons ousted have already been given opportunity of hearing and their (23 of 23) [cw-12566/2017] representation, in light of the orders passed by this Hon'ble Court in Bhoma Ram and Sunita Sharma (supra), therefore, all those shall be kept into consideration. However, since the right has already accrued in favour of the petitioners for being selected/appointed, therefore, the proper opportunity of hearing to the petitioners shall be duly granted by the Committee concerned, before passing fresh orders, strictly in accordance with law. Since the right of opportunity of hearing should be granted only to the vigilant citizens, therefore, this order shall operate qua the present petitioners only. It is needless to say that the petitioners shall cooperate by all means in the process of opportunity of hearing to be stipulated by the respondents in a time bound manner."