RAM GOPAL Vs. STATE OF M P

JUDGEMENT

(1.) This intra Court appeal is filed against the order dated 16-11-2011 passed by the Single Bench of this Court in Writ Petition No. 9563/2010 (s).

(2.) Aggrieved, the third respondent Ramniwas Meghwal submitted a representation before the Collector, Neemuch. The Collector, Neemuch registered it as Case No. 108/B-121/2007-08 and issued notice to the Gram Panchayat as also to the appellant. Thereafter, the Collector gave opportunity of hearing to the parties and vide order dated 28-5-2008 set aside the appointment of the appellant. The Collector observed that the appointment was made ignoring the marks obtained by the third respondent. The said order passed by the Collector was assailed by the appellant before the Commissioner, Ujjain Division in Appeal No. 126/2007-08. The Commissioner vide order dated 2-3-2010 dismissed the appeal filed by the present appellant and maintained the order passed by the Collector by holding that the marks of 10th Standard and not of 12th Standard ought to have been considered, while preparing the merit list. The said orders were challenged by the appellant before the State Minister, Panchayat and Rural Development in Revision No. 22/2010. The State Minister vide order dated 2-6-2010 allowed the revision filed by the appellant by setting aside the order passed by the Commissioner and the Collector and approved the appointment of the appellant.

(3.) Feeling aggrieved by the order passed by the State Minister, the third respondent filed Writ Petition No. 9563/2010 (s). The learned Single Judge by order dated 16-11-2011 allowed the writ petition and quashed the order passed by the State Minister. Aggrieved, the appellant, who was fourth respondent before the writ Court, has filed this appeal under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyapeeth Ko Appeal), Adhiniyam, 2005.