GANESH SINGH RAWAT Vs. STATE OF MP

JUDGEMENT

(1.) The brief facts necessary for adjudication of this matter are as under:-

(2.) Shri Samadhiya, learned counsel for the petitioner submits that in the meeting of Gram Panchayat various candidates were considered for the said post. The relevant marks which were obtained by the candidates which is reflected in the resolution dated 21.11.2004 reads as under:-

(3.) Shri Samadhiya submits that respondent No.6's marks were less than the marks obtained by other candidates, yet he has been selected for the post of Secretary. The learned counsel heavily placed reliance on a Division Bench judgment of this Court (Lallu Kol Vs. State of M.P. & Others, 2009 ILR(MP) 1607). It is not in dispute that this Division Bench order of this Court is affirmed by the Supreme Court. On the basis of this, petitioner submits that the selection of respondent No. 6 should be cancelled. The learned counsel further submits that by impugned order Annexure P-1 and P-2 the authority below has erroneously relied on the letter dated 19.1.1996. By placing reliance on that document, it is submitted that it is not even executive instruction. The learned counsel further submits that this letter dated 19.1.96 cannot be accepted because it runs contrary to the interpretation given by this Court in Lallu Kol .