SHIVAM UPADHYAY Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE matter though is posted for consideration of I.A. No. 9185/2015 and I.A. No. 9377/2015; however, with consent of learned counsel for the parties, the matter is finally heard.

(2.) PETITION is directed against the order dated 11.7.2013 passed by Additional Commissioner, Jabalpur Division, Jabalpur; whereby, while setting aside order dated 6.2.2013 passed by Collector, Jabalpur directing for appointment of petitioner on the post of Gram Rogjar Sahayak, Gram Panchayat Padwar, Janpad Panchayat Jabalpur Distt. Jabalpur, the Appellate Authority directed for appointment of respondent No. 3 on the post of Gram Rogjar Sahayak.

(3.) THAT ten applications were received; whereon, merit list was prepared; respondent No. 3 was at serial No. 1 with 112.22 marks. The petitioner was not found eligible because of non -production of voter identity card in proof of residence, though the petitioner had 120.66 marks. The petitioner raised objection before the Committee. The Committee turned down the objection whereon the petitioner preferred an appeal before Collector, Jabalpur. Objection was raised by the petitioner on the basis of voter identity card issued to him on 17.7.2012. Taking into consideration the same, the petitioner was appointed as Gram Rogjar Sahayak, Gram Panchayat Padwar, Janpad Panchayat Jabalpur, District Jabalpur on 22.8.2012 whereagainst respondent No. 3, who was at serial No. 1 in the merit list, challenged the same before Collector, Jabalpur on the ground that on the last date of receiving of application form, petitioner was not possessing voter identity card and therefore, was not eligible for appointment to the post of Gram Rogjar Sahayak. The appeal preferred by respondent No. 3 was dismissed on 6.2.2013; whereagainst respondent No. 3 preferred a revision petition before Additional Commissioner, Jabalpur Division, Jabalpur who, by order dated 11.7.2013, allowed the revision and while setting aside the appointment of the petitioner as Gram Rogjar Sahayak, directed for appointment of respondent No. 3, who was at serial No. 1 in the merit list, on a finding that the petitioner was not having requisite qualification i.e. voter identity card as on 4.7.2012, the last date for applying for appointment to the post of Gram Rogjar Sahayak.