CHITRAREKHA SAULAKHE Vs. SURESH SAULAKHE

JUDGEMENT

(1.) This petition is directed against an order dated 9.3.2009 Annexure P-2 by the Additional Commissioner, Jabalpur Division, Jabalpur in revision Case No. 565/A-89/07-08 by which an order passed by the Collector, Balaghat in Case No. 36/A-89/07-08 dated 21.5.2008 Annexure P-1 was affirmed.

(2.) These orders are challenged by the Petitioner on the ground that the Petitioner was duly appointed under Section 86(2) of the M.P. Panchayat Raj and Gram Swaraj Adhiniyam, 1993, so the Collector and Commissioner erred in setting aside the appointment of Petitioner. That the appointment of the Petitioner under Section 86(2) was duly confirmed by the Collector so there was an error of jurisdiction in setting aside the order. Though Respondent No. 1 selected as Panchayat Karmi by Gram Panchayat on merits but his appointment was not legal and in this regard the Collector and the Commissioner erred in not considering the factual position in proper perspective. That the Petitioner obtained higher marks in comparison to Respondent No. 1 so she was entitled for the appointment.

(3.) To appreciate the rival contention of the parties, it would be appropriate if factual position in the case is stated. In compliance of order dated 23.7.2007 by the Collector, Balaghat. The Gram Panchayat, Naitara invited applications for the posts of Panchayat Karmi. In response to it five applications were received. Those applications were considered by the Gram Pancahayt in its meeting dated 25.8.2007. A list of candidates on the basis of merit was prepared in which Mukesh s/o Dhannu Lal was first in merit. At serial No. 2 Meena Kumar d/o Tularam, at Serial No. 3 Ku. Lalita d/o Khoobchand, at serial No. 4 Suresh s/o Pendarilal, Respondent No. 1 and at Serial No. 5 Chandravati d/o Sadan, were short listed alongwith similarly other persons. Petitioner herein, Ku. Chitrarekha had not applied for the post. Mukesh s/o Dhannu was not selected as he was the son of Panch. Other two candidates in the merit list were Meena Kumar and Lalita, but their age was below 18 years, on the date of application, so these two girls were also not selected.