LAWS(MPH)-2012-4-101

RAJ KUMAR RANE Vs. STATE OF M P

Decided On April 24, 2012
Raj Kumar Rane Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) THE prayer in the petition is to quash the Selection List (Annexure P-8).

(2.) IT is alleged in the petition that for the post of Gram Rozgar Sahayak, advertisement was published by Janpad Panchayat, BadWah. Petitioner and respondent No. 4 submitted their application. Application submitted by respondent No. 4 was allowed and respondent No. 4 was appointed on said post, against which a representation was filed by the petitioner alleging that petitioner is more meritorious as marks, which ought to have been given on account of having certificate of Diploma in Computer Application was not given to the petitioner. It is submitted that appointment of respondent No. 4 be quashed. It is further submitted that representation submitted by the petitioner was not considered for a long time, hence the present petition has been filed.

(3.) LEARNED Counsel for respondent No. 4 submits that eligibility criteria was passing of Higher Secondary Examination and respondent No. 4 was more meritorious than the petitioner. So far as Diploma in Computer Application is concerned, the certificate (Annexure P-2) is not from any of the Institutions mentioned in Clause 2 (kh) of the advertisement. It is submitted that Diploma Certificate is required from a Institute, which is approved by the State Govt, or from ITI. It is submitted that Annexure P-13 is the clarification dated 12-3-2010 whereby a query was made regarding the acceptance of Diploma Certificates and it was clarified by the State Govt, that Diploma level examination DOECC issued by local institution shall not be accepted. It is submitted that in view of this, since respondent No. 4 was more meritorious than the petitioner, therefore, no illegality has been committed by respondent No. 3 in appointing the respondent No. 4 on the post of Gram Rozgar Sahayak. It is submitted that petition be dismissed.