VISHNU DEV PANDEY Vs. STATE OF M P

JUDGEMENT

(1.) SHORT facts relevant for the purpose of present writ petition are that Gram Panchayat, Shivpuri issued an advertisement dated 10.8.2007 (Annexure P -2) inviting thereby applications for the post of Panchayat Karmi (Secretary). Relevant minimum qualifications were as follows :

(2.) APPLICATIONS were invited during the period from 10.8.2007 to 20.8.2007. Various candidates including the petitioner as well as respondent No. 5 made applications pursuant to the said advertisement. Applicants including Kamlapati Pandey and Shripati Pandey, both sons of Shri Thakur Prasad Pandey were considered in the meeting of Gram Panchayat held on 16.9.2007. Name of the petitioner was rejected on the ground that there was no constructed latrine in his residential premises and no such certificate was enclosed with the application. The Gram Panchayat passed the resolution appointing thereby the respondent No. 5 on the post of Panchayat Karmi vide Annexure P -3 dated 16.9.2007. Pursuant thereto the appointment order was issued on 17.9.2007 in favour of respondent No. 5 vide Annexure P -1.

(3.) RESPONDENT No. 5 submitted the return and opposed the writ petition on various grounds including maintainability. He stated that the petitioner was not qualified because there was no latrine in his house as revealed in Annexure R -2.