KALLU KOL Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER belonging to Scheduled Tribe category is stated to be permanent resident of Gram Panchayat Amiliya whereas respondent no. 4 is stated to be a practicing Advocate belonging to general category. Applications were made for appointment on the post of Panchayat Karmi of Gram Panchayat Amiliya by various candidates including the petitioner and respondent No. 4.

(2.) CASE of the petitioner is that according to the Panchayat Karmi Yojna he ought to have been preferred since he belong to Schedule Tribe category. Copy of Panchayat Karmi Yojna is on record as Annexure/p-4. Guidelines were provided for appointment on the post of Panchayat Karmi vide circular dated 27. 1. 2006 contained in Annexure/p-5. Gram Panchayat, Amiliya was asked to make appointment on the post of Panchayat Karmi within 30 days vide letter dated 10. 7. 2007. Since, the appointment was not made within 30 days, Gram panchayat Amiliya became functus officio and the power to appoint Panchayat karmi was only with Prescribed authority after expiry of 30 days. This apart, it is stated that respondent No. 4 is real brother of Rajendra Prasad Tiwari, Pancha of Ward No. 14 of village Amiliya. In view of the aforesaid, it is stated that the appointment of respondent No. 4 on the post of Panchayat Karmi vide resolution dated 21. 8. 2007 is illegal and is liable to be quashed. Petitioner was kept in the waiting list, though he was entitled to be appointed on the post of Panchayat karmi. Respondent No. 4 was thereafter notified as Panchayat Secretary vide annexure/p-2 dated 17. 9. 2007 which, too, is liable to be quashed for the aforesaid reasons. Petitioner had preferred an appeal against the resolution before the collector, Satna which was got dismissed as not pressed on 8. 1. 2007.

(3.) RESPONDENT No. 4 submitted his reply stating therein that he has been rightly appointed as Panchayat Karmi and notified as Panchayat Secretary. Respondent no. 4 was the most meritorious candidate amongst the applicants with 74% marks in the High School Certificate Examination whereas the petitioner was having 59. 6% marks in the same examination. As regards allegation about Rajendra prasad Tiwari, the elder brother of respondent No. 4, it is stated that he was Pancha from Ward No. 14 but had tendered his resignation from the post on 30. 7. 2007. He did not participate in any meeting after tendering the resignation including the meeting on 21. 8. 2007 in which the petitioner was selected and appointed on the post of Panchayat Karmi. Respondent Nos. 1 and 2 supported respondent No. 4 by submitting a separate return.