ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition is directed against the orders Annexure 3 dated 28.5.2002 and Annexure -4 dated 9.7.2002 passed by the Grievance committee, Gram Panchayat Poharka whereby the service of the petitioner on the post of Para Physical Training Teacher was discontinued.

(2.) FACTS in brief are that the petitioner and certain other persons applied for the post of Para Physical Training Teacher pursuant to an advertisement published by the Gram Panchayat in Poharka. The interviews were scheduled to be held on 20.5.2002. Total 12 candidates were shortlisted for the interview. The Gram Panchayat appointed the petitioner on the post adopting a resolution to the effect that he was the sole candidate to appear before the selection committee and thus despite having secured minimum marks i.e. 36.07%, he was selected out of the 12 candidates who had applied for the post. Another candidate who had secured higher marks namely Jagdish Chandra s/o Jhindu Ram respondent No. 5 filed a complaint before the Block Education Officer, Nohar, Hanumangarh alleging that fraud was committed in the selection process. A panel of minimum three candidates was required to be prepared but for giving undue advantage to the petitioner, only he was shown present from amongst the twelve shortlisted candidates. He specifically stated that he had also appeared before the Gram Sabha on 20.5.2002 and was made to sign a forged register instead of the original one and thereby the Panchayat contrived to show only the petitioner's presence in the interview from amongst the shortlisted candidates.

(3.) THE Grievance Committee considered the grievances of the aggrieved candidates and thereafter took a decision that the mode adopted by the Gram Panchayat in giving appointment to the present petitioner despite he having secured the minimum marks from amongst the shortlisted candidates was arbitrary and suspicious. The fact recorded in the minutes by the Gram Panchayat that no candidate other than the petitioner Ashok Kumar appeared before the selection committee was held to be doubtful. Five of Panchas gave in writing that they did not know as to whether Jagdish s/o Jhindu Ram appeared before the selection committee or not. In view of the suspicious nature of proceedings drawn by the Gram Panchayat, the matter was referred to the Collector Hanumangarh. Thereafter a fresh select list of candidates was prepared and vide order dated 28.5.2002, a decision was taken to appoint Jagdish s/o Jhindu Ram having highest marks on the post of Para Physical Training Teacher. The said decision was later on confirmed in the committee meeting held on 9.7.2002.