PAVAN KUMAR DHEEMAR Vs. STATE OF M P

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India exception is taken to the order passed by the Collector on 09/05/2013 in appeal No.20/2012 -13, preferred by the petitioner against the select list prepared by the Gram Panchayat, Budhoriya after decision on the objections on provisional select list by the committee constituted for the said purpose. Admittedly, the name of petitioner appears at sl. No.2 and that of respondent No.7, Ashish Sharma at sl.No.1 in the merit list. Learned counsel for the petitioner contends that the post of Gram Rojgar Sahayak, Gram Panchayat, Budhoriya, tehsil Raghogarh, District Guna was advertised and only such persons whose names appeared in the voters' list of village Budhoriya were eligible for seeking appointment, besides fulfillment of other eligibility conditions and educational qualifications. The name of respondent No.7 appeared in the voters' list of Nagar Panchayat, Raghogarh, therefore, he was ineligible to be considered for the post of Gram Rojgar Sahayak in question. The Collector by the order impugned has not considered the facts and circumstances of the case and dismissed the appeal, therefore, the same is pregnable in nature and deserves to be set aside.

(2.) Per contra, learned counsel for the respondent No.7 supports the order. It is submitted that the name of respondent No.7 had appeared in the voters' list of Nagar Panchayat, Raghogarh but the same has been deleted on 20/05/2012 and thereafter his name was mentioned in the voters' list of Gram Panchayat, Budhoriya. Besides, the selection process was started after his name has been deleted from the voters' list of Nagar Panchayat, Raghogarh.

(3.) Heard learned counsel for the parties.