Tijo Kumari wife of Anil Kumar Prasad v. State of Jharkhand
2018-02-12
S.N.PATHAK
body2018
DigiLaw.ai
JUDGMENT : The petitioner has approached this Court with a prayer for direction to the respondents to appoint the petitioner to the post of Member, Panchayat Secretariat (Panchayat Volunteer) at Panchayat Hosir West, P.O.-Hosir, P.S.-Gomia, District-Bokaro against one post, which is reserved for female member and contrary to the resolution of the State Government the appointment of one male member has been made against the vacancy reserved for the female member. Further prayer has been made to take a final decision regarding appointment of the petitioner on the representation of the petitioner, which is pending before the respondents. 2. The factual exposition as has been delineated in the writ application is that as per the guidelines issued by the Department of Rural Development, Government of Jharkhand dated 20.05.2016, there is a rule for establishment of Panchayat Secretariat in each Panchayat. In each Panchayat Secretariat, there is provision of selection of four members from amount the young and educated male & female candidates, who are interested to work in the village. Further, out of four members, one post is reserved for female candidate & educational qualification for the post is matriculation. 3. Thereafter, Deputy Commissioner, Bokaro vide Memo No.388 dated 24.05.2016 has constituted Block Level Selection Committee to select/appoint member of Panchayat Secretariat and list of selected members were sent to the Panchayat Officer at Bokaro within 01.06.2016. Thereafter, Vide Memo No.397, dated 28.05.2016, D.D.C., Bokaro had directed to prepare a penal of 8 persons for the post of Member, Panchayat Secretariat (Panchayat Volunteer), Panchayat Hosir West of district Bokaro. The respondent nos.10 to 13 have also applied for the aforesaid post. Thereafter, Block Level Selection Committee have selected respondent nos.10 to 13 for the post of 4 Members without considering that out of four posts, one post is reserved for female member. So, it is clear that male member has been illegally appointed against the vacancy of one female member. It is specific case of the petitioner that though she made several representations before the respondent authorities, pointing out the illegality committed by the respondents, which is dehors the rules, but no orders have been passed on such representation till date and as such, the petitioner was constrained to move this Hon’ble Court, by preferring this writ application. 4. Mr.
It is specific case of the petitioner that though she made several representations before the respondent authorities, pointing out the illegality committed by the respondents, which is dehors the rules, but no orders have been passed on such representation till date and as such, the petitioner was constrained to move this Hon’ble Court, by preferring this writ application. 4. Mr. Saibal Mitra, the learned counsel appearing for the petitioner argues that the petitioner is a female candidate and ought to have been appointed to the post of Panchayat Volunteer against the one post reserved for female candidate as per the guidelines/rules. Admittedly, the respondents have appointed all male members though one post was reserved for female member and as such, a direction may be given to the respondents to consider the case of the petitioner in view of the guidelines/rules framed by the State Government within the stipulated period. 5. Per contra, no counter-affidavit has been filed. The learned standing counsel very fairly submits that suffice, it would be that a direction may be given to the respondents to consider the case of the petitioner and pass a reasoned order on the pending representation of the petitioner, in accordance with law. If the petitioner is found entitled for appointment on the said post, the same shall be considered and a reasoned order shall be passed on the pending representation of the petitioner within a stipulated time. 6. Be that as it may, having gone through the submission of the parties, this Court is of the considered view that since the representation of the petitioner is pending before the respondents, the respondents are directed to pass a reasoned order on the pending representation of the petitioner, within a period of six weeks. 7. Needless to say, if the petitioner is found entitled for appointment to the post of Panchayat Volunteer taking into account that one post is reserved for female candidate and all posts have been filled up with male candidates, the case of the petitioner shall be considered, in accordance with law as per the guidelines and if the petitioner is found entitled, a letter of appointment shall be offered to her within a further period of four weeks. 8. The writ petition stands disposed of.