SAVITRI BAI LODHI Vs. STATE OF M.P

JUDGEMENT

(1.) CHALLENGING the order dated 20/06/2013 passed by the Writ court in W.P. No.9264/09, this appeal has been filed under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005.

(2.) RECORDS indicate that an advertisement was issued by the Gram Panchayat in question on 30.07.2007 calling for application from eligible candidates for the appointment on the post of Panchayat Karmi. In pursuance to the advertisement, 17 persons including the appellant herein and respondent no. 5, the original writ petitioner, applied. A resolution was passed by the Gram Panchayat on 21.8.2007 appointing the appellant herein Smt. Savitribai Lodhi on the post of Panchayat Karmi. It is seen that the Gram Panchayat passed a resolution on 21.8.2007 proposing appointment of one Shri Rajendra S/o. Raghuvir Singh Lodhi, who had obtained 51.2% marks. However, as this resolution was contrary to the policy of the State Government, the Sub Divisional Officer remanded the matter back to the Panchayat and therefore, a second resolution was passed on 31.8.2007, as indicated hereinabove.

(3.) ACCORDING to the applications submitted and the merit of the candidates, respondent herein Shri Mukesh Chouhan, the original writ petitioner, was placed at Serial no. 1 of the merit list having obtained 64.4% marks and the appellant herein Smt. Savitribai had obtained 55.5% marks. However, on the ground that she is a lady and a candidate belonging to the OBC category, she was given preference and in the resolution passed on 31.8.2007, she was granted appointment. Shri Mukesh Chouhan aggrieved by this, challenged the resolution of the Gram Panchayat before the Sub Divisional Officer and by an order passed on 14.1.2008, the Sub Divisional Officer quashed the resolution and appointment of the present appellant Smt. Savitribai. Aggrieved thereof, Smt. Savitribai filed a writ petition before this court being W.P.No.1915/2008. This was allowed and the order dated 4.3.2009 passed by the Sub Divisional Officer was quashed mainly on the ground that against the resolution, an appeal before the Sub Divisional Officer was not maintainable and the Writ court granted liberty to the parties to assail the resolution afresh before the competent authority. Writ appeal filed having been dismissed and the order of the learned Single Judge having been upheld, the matter went to the Collector, a notified authority under Section 85 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 and the Collector, Sagar by the order dated 29.9.2009 dismissed the application / appeal filed by the original petitioner Shri Mukesh Chouhan and upheld the resolution and the selection of present appellant Smt. Savitribai. On such count, Shri Mukesh Chouhan filed a writ petition and the learned Writ court allowed his writ petition and directed for his appointment on the ground that he is a more meritorious candidate and in the matter of appointment, only preference can be given and no right of appointment accrues to an OBC candidate. The writ petition having been allowed, this writ appeal is filed.