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2014 DIGILAW 670 (MP)

Akhilesh Kumar Soni v. State of M. P.

2014-06-18

RAJENDRA MENON, SUSHIL KUMAR GUPTA

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Judgment: 1. Challenging the order dated 26th March, 2014 passed by the Writ Court in W. P. No. 14029/07, this appeal has been filed under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005. 2. It is the case of the appellant that in the matter of appointment to the post of Panchayat Karmi/Secretary, the learned Writ court has directed for conducting fresh selection and as the selection process was conducted properly and the merit list is already available, it is said that the direction issued is unsustainable. 3. It was further submitted by Shri N.K. Tiwari, learned counsel for the appellant that the scheme and circular dated 24.09.07 issued by the State Govt. laying down the procedure for selection of Panchayat Karmi clearly contemplates a provision for grant of benefit in case, a candidate has an additional qualification which aspect has not been considered by the learned Single Bench and, therefore, he prays for interference. 4. Refuting the aforesaid, Shri Rahul Jain points out that respondent no. 6 Dinesh Kumar Soni was the petitioner in W. P. No. 14029/07. He received 72.6 % marks in the merit list prepared as is evident from Annexure P-5 available at page 36 of the paper book and inspite of his merit, he was not granted appointment. 5. It is argued that the present appellant Akhilesh Kumar Soni has received only 61.07 % marks whereas another candidate Shri Ratnesh Kumar had received 76.40 % marks. Inspite of that, the Gram Panchayat ignoring the merit has conducted the selection process by resorting to selection by voting and recommendation of the majority which was not sustainable and, therefore, the writ Court has interfered into the matter and in doing so, it is argued that no illegality has been committed. 6. We have heard learned counsel for the parties and perused the records. In the order impugned dated 26.03.14 passed by the Writ Court, it has been found by the Writ Court that ignoring the merit of the candidates by casting of voting and based on the majority, a resolution has been passed by the Gram Panchayat on 24.09.07 in the matter of appointing the Panchayat Karmi. The learned Writ Court found that a Division Bench of this Court in the case of Suresh Vs. The learned Writ Court found that a Division Bench of this Court in the case of Suresh Vs. Chief Executive Officer, Zila Panchayat: 2011 (4) MPLJ 717 has laid down the principle that ignoring and by-passing the merit of the candidate, a direction for appointment of Panchayat Karmi can be ordered. It is said that the learned Writ court has directed for conducting fresh selection in accordance to law as the decision of the learned Writ court is based on a Division Bench judgment of this Court and the principle of appointment on merit in the matter of recruitment of Panchayat Karmi is well established, we see no error in the order passed by the Writ Court warranting interference. The Writ Court having decided the issue in question in accordance with the requirement of law, no indulgence into the matter now is called for. 7. The appeal is therefore dismissed.