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2018 DIGILAW 6 (RAJ)

Ram Lal Gamer v. State of Rajasthan

2018-01-02

PUSHPENDRA SINGH BHATI

body2018
ORDER : Dr. Pushpendra Singh Bhati, J. 1. Petitioner has preferred this writ petition under Article 226 of the Constitution of India praying for the following reliefs :- "It is, therefore, most humbly prayed that this writ petition may kindly be allowed by appropriate writ, order or direction the respondents may kindly be directed :- 1. to reconsider the candidate ship of the petitioner for the post of Gram panchayat Sahayak by applying rules as prescribed in strict manner without enforcing own rules and ratio by quashing selection process as adopted in light of impugned advertisement No.1929, dated 20.9.2017 (Annex.2) passed by the respective SDMC (i.e. the non-petitioner no.7), or 2. in alternative, the non-petitioner no.4 and the Appellate Committee may be directed to redress the grievance and objection as raised in the present writ petition as well as submitted in the petitioner's application by a speaking and reasoned order, 3. the non-petitioners authorities may also be directed for not issuing or permitting any work or charge to the selected person/s, and 4. Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. 5. Costs of the writ petition may kindly be awarded to the petitioner." 2. Learned counsel for the petitioner states that the matter is squarely covered by the judgment rendered by a coordinate Bench of this Court in Bhoma Ram v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.6023/2017) decided on 01.06.2017. 3. Learned counsel for the petitioner also states that the matter is squarely covered by the judgment rendered by a coordinate Bench of this Court in Sunita Sharma v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1032/2017) decided on 24.05.2017. 4. The coordinate Bench of this Court on 24.05.2017 has passed the following order in Sunita Sharma v. State (Supra): "Learned counsels for the petitioners have submitted that before commencement of interview for recruitment to the post of Gram Panchayat Sahayak, no criteria was adopted. They have submitted that the interview conducted was a sham and farce and before commencement of interview, members of the interview panel have decided the names of the persons to whom appointment was to be given. It is contended that selection is nothing but a favouritism practiced in the garb of interview. They have submitted that the interview conducted was a sham and farce and before commencement of interview, members of the interview panel have decided the names of the persons to whom appointment was to be given. It is contended that selection is nothing but a favouritism practiced in the garb of interview. Shri S.K. Gupta, learned Additional Advocate General, has contended that for better governance, State Government is committed to ensure transparency in the process of selection of a Gram Panchayat Sahayak and hence, the State Government to allay apprehension of persons who had participated in the selection process, shall constitute a committee consisting of Collector of the concerned District, Chief Executive Officer of the concerned Zila Parishad and District Education Officer (Elementary) of the concerned District. Shri Gupta has made this statement on the instructions of Shri Sunil Kumar Sharma, Joint Secretary, Elementary Education, Government of Rajasthan. Shri Gupta has further stated that a circular regarding constitution of the committee shall be issued within one week from the date of receipt of certified copy of this order. Shri Gupta has further submitted that since work of Gram Panchayat is suffering, this court may stipulate a schedule regarding filing of representation/complaint to the committee regarding selection made by each Gram Panchayat. This court appreciate the fair stand taken by the State Government. Hence, the present bunch of writ petitions listed today is disposed of by issuing following directions:- (a). That the State Government shall issue a circular regarding constitution of the committee within one week from the date of receipt of certified copy of this order. (b). That from the date of selection of the candidate or within fifteen days from constitution of the committee, whichever is later, any candidate who had participated in the interview, is having grievance and is dissatisfied, may file a representation before the committee. (c). That the said committee after looking into the record, shall decide the representation by passing a detailed reasoned speaking order. (d). That copy of the order to be passed upon the representation shall be sent to the candidate through registered post. (e). That if the candidate who has filed representation, is still aggrieved of the decision, he or she may, within one month from the date of receipt of registered post, take recourse to lawful remedy available to him/her in accordance with provisions of law. (f). (e). That if the candidate who has filed representation, is still aggrieved of the decision, he or she may, within one month from the date of receipt of registered post, take recourse to lawful remedy available to him/her in accordance with provisions of law. (f). That for putting the candidates to notice who had participated in the selection process, this order and the circular so issued by the State Government shall be uploaded on the official website of the Rural Development & Panchayati Raj Department and the Education Department (Elementary). As a parting note, a direction is given to the Deputy Registrar (Judicial) that all cases pertaining to recruitment of Gram Panchayat Sahayak, be listed upon submission of application by the concerned counsel. A copy of this order under seal and signature of Court Master be handed over to Shri S.K. Gupta, learned A.A.G., for onward transmission and compliance." 5. Learned Additional Advocate General assures this Court that if the representation is made by the petitioner, the same shall be decided in light of the same terms of Bhoma Ram v. State and Sunita Sharma v. State strictly in accordance with law. 6. In light of the afore quoted judgment, the writ petition is disposed of.