ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, a Dalpati of Sakarpura Gram Panchayat in the district of Madhepura, has filed the present application for quashing the order dated 2.3.91 contained in Annexure -3 passed by the District Magistrate, Madhepura appointing scheduled caste candidates (Respondents nos 5 to 12) on the post of Panchayat Sewak on the ground that 100% post of Panchayat Sewak has been tilled up by the reserved category candidates ignoring the claim of general category candidates and for a direction to the respondent District Magistrate to fill up 50% post of Panchayat Sewak from the general category candidates.

(2.) THE case of the petitioner is that he was appointed as Dalpati of the said Gram Panchayat in the year 1994. He is matriculate and has also got requisite training of Dalpati and according to the Government Policy decision of 1975 which has been reiterated in 1989 the posts of Panchayat Sewak is to be filled up from the Dalpaties having matriculate qualification and requisite training of Dalpati. The age bar in the case of general category candidates is 40 years and in the case of Scheduled Caste and Scheduled Tribe is 43 years. In the year, 1987 the Government laid down a criteria for preparing the gradation list of Dalpati in each district for the purpose of training to the post of Dalpati as well as for promotion to the post of Panchayat Sewak. According to the said decision the relevant date for determining the seniority is the date of approval by the District Panchayat Officer. On the basis of the said seniority the promotion is to be given to the post of Panchayat Sewak. A true copy of the said Govt. decision has been annexed as Annexure -2 to the writ application. In the said gradation list the position of the petitioner is 34. Eight posts of Panchayat Sewak were vacant in 1991 and the selection committee in its meeting dated 8.2.91 decided to fill up all the posts from Scheduled Caste Candidates and, accordingly, respondents no. 5 to 12 belonging to the Scheduled Caste were appointed by the District Magistrate by Memo. no. 62 dated 2nd March, 1993 Vide Annexure -3.

(3.) THE grievance of the petitioner is that the entire vacancies in a particular year cannot be filled up by the reserved category candidates. There cannot be reservation beyond 50% in case of reserved category candidates even if the vacancies are carried forward. The action of the respondents in filling up all the posts from the reserved category candidates is not permissible in law and, accordingly, their appointment should be cancelled.