OMPRAKASH MEENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By filing this intra court appeal, the appellant has challenged the order dated 13.04.2012 passed by the learned Single Judge of this Court in Writ Petition No.14469/2010, by which the learned Single Judge has set aside the order dated 16.11.2010 passed by the State Minister in revision and restored the order dated 07.04.2010 passed by the Collector and the order dated 16.04.2010 passed by the Commissioner.

(2.) Undisputedly, the appellant's appointment on the post of Panchayat Karmi was not made by the Gram Panchayat on the basis of merit and the resolution was passed in his favour, ignoring merits of all the other candidates. It is also undisputed that there were candi dates available, who acquired more marks in the 10th Standard Examination than the present appellant. The Collector, Dewas, after noticing the aforesaid and also many other irregularities in passing the resolution for the appointment, cancelled the resolution by which the appellant was appointed and directed the Gram Panchayat to take necessary steps for making appointment on the post of Panchayat Karmi, in accordance with rules. In appeal, the order passed by the Collector was maintained by the Commissioner. However, the State Minister vide orders dated 16.11.2010 set aside the order passed by the Collector as also the Commissioner.

(3.) The order of the State Minister, on being challenged in writ petition, the learned Single Judge vide impugned order set aside the order passed by the State Minister, taking into consideration the fact that the appointment of the appellant was being made by the Gram Panchayat, ignoring the merits of the candidates, who had applied for the post and noticing the fact that the appellant, who was less meritorious, was illegally appointed by the Gram Panchayat.