MUKESH KUMAR Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Having heard learned Counsel of the petitioner, learned State Counsel and learned Counsel for the respondent no. 3, it transpires that Government Degree College was founded at Purola, District Uttarkashi, a remotest place in the State. Land for the said college was donated by some local residents with oral understanding among them that at least one member from each donor family will suitably be employed either in Class III or Class IV services in that college. In course of time, the dispute erupted as regards the selection of suitable persons for appointment on such posts. So, in the presence of District Collector, Uttarkashi, area representatives like Block Pramukh and the Member of the Legislative Assembly, the above understanding was reduced into writing.

(2.) Job seekers were many. So, to select the proper person from a number of candidates, a device was planned in the meeting of Gram Sabha to draw out the name of the prospective candidates through the lottery system. This system was first applied on 7.12.2009, whereby Km. Lalita (sister of the petitioner herein) and Ashtham Singh Chauhan were picked up by way of lottery system and third name of Smt. Saroj was found suitable for the job on the basis of consensus. All the three got appointment accordingly.

(3.) After the lapse of almost five years, vacancy in the college again arose. So, the Gram Sabha meeting was convened on 22.2.2015 wherein the names of Ramesh Kumar and Suman Singh Chauhan (respondents 5 and 6 herein) were picked up by way of lottery system. This meeting was convened in the presence of petitioner Mr. Mukesh, who participated in such meeting as the Proceeding Register of the village bears his signature (available on the record). So, the respondent no. 2, Principal of the Degree College began the proceedings to offer appointment to these two persons and the same has been challenged by way of filing this petition.