RAMESHWAR PRASAD Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India against the order dated 6.9.2012 (Annexure P/11) passed by the Additional Commissioner, Jabalpur which is an order passed in revision filed by the petitioner dismissing the same. The aforesaid revision arose out of an order dated 5.3.2012 passed by the Collector, Katni in exercise of its appellate jurisdiction.

(2.) In brief the facts of the case are that the petitioner participated in an advertisement which was issued for the recruitment of Contract Teacher Grade-II and III in the year 2006. A select list was also prepared and the objections were invited by the Appeal Committee, the meeting of which was convened on 13.7.2006. The objections were invited up to 10.7.2006 and on 13.7.2006 a final list along with waiting list was published.

(3.) The case of the petitioner is that the respondent No. 4 who had not filed any objection within the prescribed date, filed the same subsequently challenging the select list on the ground of percentage of handicapped person and has also submitted that the respondent No. 4 is more meritorious as compared to the petitioner. Thus without filing any objection before the Appeal Committee, the respondent No. 4 filed an appeal before the respondent No. 1 who disallowed the claim made by the respondent No. 4 on the ground that the appeal has been preferred beyond the prescribed period of limitation and also on the ground that the certified copy of the order has not been filed which is under challenge. On merit also no case was found in favour of respondent No. 4. The appeal was dismissed and the order was challenged in revision before the respondent No. 3 which was finally allowed and the case was remanded back to the respondent No. 1 to decide the case on merits.