LAWS(ALL)-1997-9-273

VIMAL KUMAR SACHAN Vs. COMMISSIONER, GRAM VIKAS

Decided On September 30, 1997
Vimal Kumar Sachan Appellant
V/S
Commissioner, Gram Vikas Respondents

JUDGEMENT

(1.) IT is alleged that the petitioners were included in the list of candidates to be sent for training for the purpose of appointment in the post Village Development Officer by different District Selection Committees. The Commissioner had prepared a merit list after compiling all the lists sent by different districts and thereby prepared another list and in order of merit the persons were being sent for training. The petitioners have challenged the said selection list prepared by the Commissioner on the ground that their names were not sent for training because of the reason that their names figured lower in the said list prepared by the Commissioner. Similar question arose in the case of Adil Rashid Khan v. District Development Officer, Budaun and others : (1996 (2) L.B.E.S.R. 812). In the said case, a Division Bench of this Court had held that it is not envisaged within the power of the Commissioner to prepare a list of candidates for training other than the list received from different District Selection Committees. The Commissioner is empowered only to prepare a merit list of candidates on completion of training on the basis of the aggregate marks secured in the training. It was specifically held in the said case as follows: - -

(2.) THE present case being identical in facts with those of the said case of Adil Rashid Khan (supra) squarely comes within the purview of the said decision. Accordingly, this writ petition succeeds and is allowed to the extent as indicated in paragraph No. 9 of the said decision quoted above. There shall be no order as to costs.