LAWS(SC)-2020-2-18

NITESH KUMAR PANDEY Vs. STATE OF MADHYA PRADESH

Decided On February 07, 2020
Nitesh Kumar Pandey Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant in the appeal arising out of SLP No.27200 of 2018 was the appellant in WA No. 509/2018 before the High Court of Madhya Pradesh. In the said writ appeal, the appellant was assailing the order passed by Learned Single Judge dated 02.04.2018 in W.P.No. 1494/2017 and W.P.No. 21425/2016. The appellant in the appeal arising out of SLP No. 28123 of 2018 was the appellant in WA No. 533/2018 in the High Court of Madhya Pradesh. The said appeal was filed assailing the order of Learned Single Judge dated 29.07.2016 in W.P.No.12689 of 2016. The appellant in the appeal arising out of SLP(C) D.No. 41845, was the appellant in W.A No. 207/2017 before the High Court of Madhya Pradesh. The said appeal was disposed of by order dated 28.08.2018 in terms of the order dated 06.08.2008 in R.P.No. 682/2018. Though two separate orders dated 06.08.2018 passed in WA Nos. 509 and 533/2018 and order dated 28.08.2018 in W.A.No.207/2017 are assailed in these appeals, since the issue is common and all the writ appeals have been disposed of by the High Court relying upon its earlier orders, these appeals were taken up together, heard and are being disposed of by this common judgment.

(3.) The issue relates to the selection to the post of Gram Rojgar Sahayak in the Panchayat of the Rewa District in Madhya Pradesh. Though the issue presently pertains to the method adopted in the selection process in Rewa District, the scheme applicable to the entire state of Madhya Pradesh for such recruitment of Gram Rojgar Sahayak for implementation of the Mahatma Gandhi National Rural Employment Guarantee Scheme ('MGNREGS' for short) is to be taken note and the matter is to be decided in that background. As noted, the issue presently being limited to the selection process in Rewa District assailing the method that was followed therein, it is seen that a batch of writ petitions relating to the same process were earlier considered by a Learned Single Judge through the order dated 15.07.2016 and had allowed the writ petitions bearing W.P.No.17183/2014 and the analogous matters. Challenge to the said order had concluded through the order passed by the Division Bench in W.A.No.479/2016 and the second Review Petition in R.P.No.682/2018. In that circumstance, since in the present case the contentions put forth by the appellants herein before the Division Bench of the High Court was similar to the said cases, the Division Bench of the High Court had dismissed the said writ appeals bearing W.A.Nos.509/2018, 533/2018 and W.A.No.207/2017. The appellants claiming to be aggrieved are, therefore, before this court in these appeals.