ROHITASH KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is filed seeking following reliefs:

(2.) Sri R.P.S. Chauhan, learned counsel for petitioner submits that ground to reject candidature of petitioner for appointment to the post of Gram Rojgar Sewak, was that his brother was a Member of concerned Gram Panchayat at relevant time, who though resigned but his resignation was accepted after the resolution was passed by Gram Panchayat rejecting candidature of petitioner. Learned counsel for petitioner heavily relied on para () of Government Order dtd. 23/11/2007, which is reproduced as under:

(3.) Learned counsel for petitioner further contended that relation of brother was not included within the purport of relatives of a candidate in above referred provision, therefore, the basis of resolution of rejecting candidature of petitioner on the ground that his brother was elected member of Gram Panchayat, though his resignation was accepted later on, was erroneous and contrary to above referred provision. Learned counsel further submits that the selected candidate has not joined the post and no further recruitment process was undertaken thereafter and post is still lying vacant. The respondents have accepted the averments made in para 8 of writ petition in their counter affidavit.