RANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties and taken up for final disposal at admission stage.

(2.) Admitted controversy is raised in the petition by way of a challenge to the appointment dt. 30.03.2015 issued in favour of respondents No. 4 and 5, for the post of Gram Rojgar Sevak and Peon, respectively. The facts which are not in dispute are, the Gram Panchayat Bobadewadi, Tq. Kaij, Dist. Beed, thought it fit to appoint the eligible candidates for the posts of Gram Rojgar Sevak and Peon. Accordingly, the Public Proclamations dt. 15.01.2015 for the said posts were issued and the same were affixed on the Notice Board. Copy of these Public proclamations are annexed to the petition at Exh. B. Perusal of the proclamation for the post of Gram Rojgar Sevak shows that, the minimum qualification for the said post was 12th std. passed. Subsequently, by way of Corrigendum dt. 13.03.2015, it is stated that in the earlier proclamation an error occurred in respect of the minimum qualification and though it is stated in the earlier proclamation dt. 15.01.2015 that the requisite qualification for the post of Gram Rojgar Sevak as 12 th std. passed, the minimum qualification for the said post be read as 10 th std. passed and it is in view of the Government Circular. The corrigendum was also affixed on the Notice Board. In accordance with the said proclamation/advertisement, the petitioners (who happen to be the husband and wife) submitted their applications for the post of Gram Rojgar Sevak and Peon. In their applications, they submitted that they possess requisite qualification and they be considered for the said posts.

(3.) The Gram Sabha was held on 27.03.2015 in the office premises of Gram Panchayat, Bobadewadi, under the Chairmanship of Smt. Sumitra Jalindar Tonde, wherein two subjects namely appointments to the posts of Gram Rojgar Sevak and Peon, were taken up. Copy of the Resolution dt. 27.03.2015 passed in the said Gram Sabha is placed on record at Exh. D. Perusal of the said Resolution shows that, for the first subject i.e. appointment to the post of Gram Rojgar Sevak, the Gram Sabha had a discussion about the qualification of the candidates.