PAWAN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, learned Standing Counsel appearing on behalf of respondent Nos. 1 to 4 and Sri Pradeep Upadhyay, learned Counsel appearing on behalf of respondent No. 5.

(2.) THE brief facts of the case are that for the post of Gram Rozgar Sewak, an advertisement was issued on 24.4.2010, both petitioner as well respondent No. 5 applied. In a meeting held on 2.7.2010 by the Administrative Committee of the Gram Panchayat, a proposal was passed in which the name of respondent No. 5 was placed at serial No. 1 on the basis of the merit and the name of the petitioner was placed at serial No. 2 in the merit list. THE proposal was sent for approval to the District Development Officer. THE aforesaid proposal was returned by the District Development Officer to the Block Development Officer, Block Mehdawal, Sant Kabir Nagar with the recommendation that the proposal of the Administrative Committee of the Gram Panchayat in favour of respondent No. 5 has not been approved by the Gram Panchayat as per the provisions mentioned in the Government Notification dated 23.11.2007, therefore, the same may be placed before the Gram Panchayat for further action. THE aforesaid proposal was returned by respondent No. 4 to Gram Panchayat Adhikari for the follow up action on 12.1.2011. A copy of the order dated 12.1.2011 is Annexure-1 to the counter- affidavit. It is mentioned here that meeting of Gram Panchayat was held on 2.2.2011 under the presidentship of Gram Pradhan. THE letter of the District Development Officer dated 2.12.2010 has been considered. THE application of respondent No. 5 has been cancelled on the ground that two dates of birth were mentioned and the application of the petitioner has been accepted and he has been selected for the post of Gram Rozgar Sewak. THE minutes of the meeting dated 2.2.2011 is Annexure-3 to the counter-affidavit, filed by the learned Standing Counsel. A further meeting of the Administrative Committee of Gram Panchayat was held on 3.2.2011 in which in view of the resolution dated 2.2.2011 passed by the Gram Panchayat, the petitioner has been selected on the post of Gram Rozgar Sewak.

(3.) SUB-clause (5) and (6) of the aforesaid Scheme are relevant for the purposes of the present case. SUB-clause (5) provides that the Administrative Committee of Gram Panchayat shall prepare eligibility list serial wise as per the merit and select the candidates who obtained higher marks and will get approval from the Gram Panchayat and in case if the candidates, who obtained the higher marks, is not interested, the other candidates may be considered for the selection. SUB-clause (6) provides that the details of the selected candidates be produced before the Committee headed by the District Magistrate and the Committee will have only right to examine the eligibility of the selected candidates and in case if the candidates fulfil the eligibility, the Gram Panchayat shall appoint to such candidate. It further provides that the Samiti has no right to recommend the name of any other person at its own end and in case if the Committee comes to the conclusion that the selected candidates do not fulfil the eligibility, the same may be informed to the Gram Panchayat for further selection.