REKHA YADAV Vs. HARISH CHANDRA YADAV AND ORS

JUDGEMENT

(1.) Heard the counsel for the parties. As short question is involved, matter is taken up for final disposal forthwith, by consent.

(2.) The appellant is permitted to file this writ appeal as it is concerning the appointment of respondent No. 1 which came to be set aside at the instance of the appellant, who claimed to be more meritorious than the respondent No. 1 deserving appointment on the post of Panchayat Secretary.

(3.) Briefly stated, this second round of writ petition was filed by the respondent No. 1. In the first round in (W.P. No. 7236/2009) the respondent No. 1 had challenged the decision of the Additional Commissioner, Jabalpur in Appeal Case No. A-89-A-15/2008-09 whereby the appointment of the respondent No. 1 on the post of Panchayat Karmi of the Gram Panchayat, Kalpi, District Mandla came to be set aside and the Gram Panchayat was directed to take steps in accordance with the Circular issued by the State Government with regard to the appointment of Panchayat Karmi on the basis of merit. The learned Single Judge found that on the date of consideration of appointment, i.e., 8-8-2007, the respondent No. 1 was convicted for the specified offence and therefore, ineligible for being considered for appointment. The learned Single Judge referred Rule 10 of the M.P. Panchayat Service (Recruitment and General Conditions of Services), Rules, 1999 [for short 'Rules 1999'] and rejected the contention of the respondent No. 1 that the same has no application to the appointment of Panchayat Karmi. The learned Single Judge by a speaking judgment dated 24-11-2009, therefore, rejected the W.P. No. 7236/09 filed by the respondent No. 1. This judgment was challenged by the respondent No. 1 by way of Writ Appeal No. 1166/2009 which also came to be dismissed by the Division Bench of this Court on 30-11-2011. Relevant observation of the judgment of the Division Bench reads thus: