ABDUL HASAN QURESHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is filed under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam,2005, being aggrieved by the order dated 27-06-2019, passed by the learned Single Judge in W.P.No.7132/2009, whereby the writ petition filed by the respondent no.4/writ petitioner(hereinafter referred as 'writ petitioner') has been allowed.

(2.) The writ petitioner filed a writ petition, being aggrieved by the order dated 11-06-2009, passed by the respondent no. 1 i.e. Secretary, Panchayat & Rural Development, Bhopal, whereby the appeal filed by the present appellant (respondent no.4 in the writ petition) was allowed and the order dated 25-05-2008 passed by the Additional Collector, Damoh by which the writ petitioner was appointed as Panchayat Karmi was set aside.

(3.) The facts in brief are that the writ petitioner and the present appellant applied for the post of Panchayat Karmi in pursuant to an advertisement dated 05-08-2018. After due scrutiny, merit list was prepared in which, the name of the writ petitioner was placed on the top of the merit list as she had secured 58% in the High School whereas the present appellant secured 51.40% and was placed at serial no.4 in the merit list. However, Gram Panchayat Magron vide its resolution dated 29-08-2007 held that the appellant who was at serial no.4 be appointed as Panchayat Karmi. Being aggrieved by the aforesaid resolution , the writ petitioner preferred an appeal before Sub Divisional Officer, Damoh, which was dismissed by order dated 08-10-2007. However, in revision preferred before the Additional Collector, Damoh under Rule 5 of the Madhya Pradesh Panchayat Raj Adhiniyam (Appeal and Revision)Rules , 1993, the Collector vide order dated 28-05-2008 reversed the same holding that the appointment of the present appellant through resolution was totally against the provisions of law and was passed by circumventing the merits of the writ petitioner, who was at serial no.1 in the merit list. The Chief Executive Officer, Panchayat Batiagarh passed an order to issue appointment order in compliance to the order passed by the Collector, The present appellant preferred second revision before the State Minister, Panchayat and Rural Development and the State Minister by the impugned order dated 09-06-2008 passed an interim order that till the final disposal of the revision, the present appellant shall be allowed to continue on the post of Panchayat Karmi. The interim order dated 09-06-2008 was challenged by the writ petitioner before this court in W.P. No. 7007/2008, which was decided on 25-09-2008 whereby it was held that the second revision before the State Minister is maintainable but the State Minister could not have remanded the matter to the Commissioner for its final disposal and the matter was disposed of with a direction to the Minister to dispose of the revision on merits. In compliance to the aforesaid order passed by this court on 25-09-2008, final order was passed by the respondent no.1 on 11-06-2009, which was challenged before the writ court.