AZAD KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 4.10.2016 passed by Commissioner, Chambal Division, Morena in Case No.7/2015- 16/Revision by which the revision filed by the petitioner has been dismissed.

(2.) The necessary facts for disposal of the present petition in short are that an advertisement was issued by the respondent No.5 for appointment on the post of Gram Rojgar Sahayak.

(3.) It is the case of the petitioner that in pursuance of the said advertisement the petitioner as well as the respondents No.6 and 7 submitted their applications before the respondent No.5. The petitioner along with the application form also enclosed computer certificate apart from other relevant documents and the copy of the computer certificate issued by State Board of Examination (State Council of Vocational Training Madhya Pradesh) is annexed as Annexure P/2. After scrutiny of the application form, a tentative list was issued (Annexure P/3) and the name of Sattar Khan (respondent No.6) was placed at Srl. No.1 whereas the name of the petitioner was placed at Srl. No.8. It appears that objections were filed against the tentative list by various persons including respondent No.7 Dhara Singh and it was decided by the Committee that Dhara Singh/respondent No.7 is eligible to participate in the proceedings and, therefore, his name may also be included in the merit list and it was further observed that the petitioner is entitled for 50 points for passing computer and, accordingly, the fresh merit list be prepared and the name of the petitioner be placed at Srl. No.1 and the name of Dhara Singh be placed at Srl. No.2. It is submitted that accordingly by order dated 20.12.2012 the petitioner was granted appointment on the post of Gram Rojgar Sahayak, Gram Panchayat Gudhaasan, Janpad Panchayat Jaura, District Morena. The appointment of the petitioner was challenged by respondent No.6 by filing an appeal before the Additional Collector, Morena which was registered as Case No.14/2012-13/Appeal. The said appeal was allowed by Additional Collector, District Morena by order dated 11.12.2013 by holding that the petitioner had produced the certificate of having passed computer examination issued by the State Board of Examination but as the said certificate is not in relation to computer but is in relation to trade/course, therefore, the petitioner was wrongly awarded 50 points and, accordingly, the appointment of the petitioner on the post of Gram Rojgar Sahayak, Gram Panchayat Gudhaasan, Janpad Panchayat Jaura, District Morena was set aside and the respondent No.6 was awarded appointment on the said post. Being aggrieved by the order passed by the Additional Collector, the petitioner filed a writ petition before this Court which was registered as W.P.No.162/2014(s) and by order dated 13.1.2014, the interim order was passed directing not to dispense with the services of the petitioner on the post of Gram Rojgar Sahayak. However, later on by order dated 30.3.2016, the said writ petition was dismissed on the ground of availability of alternative remedy and it was also observed that till the revision preferred by the petitioner is decided by the Commissioner, the ad-interim relief granted by this Court by order dated 13.1.2014 shall remain in force. In pursuance to the liberty granted by this Court, the petitioner filed a revision before the Commissioner, Chambal Division, Morena. However, the said revision has been dismissed by impugned order dated 4.10.2016 thereby holding that as per clause 6 of the guidelines, 50 points are awarded for the diploma certificate issued by ITI either for accountancy or computer application or data entry operator or architect or assistant. However, the petitioner has passed the computer examination from State Board of Examination (State Council of Vocational Training Madhya Pradesh), therefore, he was not entitled for 50 points. Thus the petitioner cannot be said to be eligible, however, since the respondent No.7 was placed at Srl. No.2 in the merit list, therefore, he is entitled to be appointed on the said post and, therefore, the matter was remanded back to CEO, Janpad Panchayat Jaura, District Morena with a direction to make the appointment on the post of Gram Rojgar Sahayak in the light of order passed by the Commissioner as well as in accordance with the decision made by the District Level Committee on the objections raised by different persons.