BHAWANI SINGH KHEECHEE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to consider his candidature for appointment on the post of Shiksha Sahayogi as per Annex. P/6 in pursuance of the posts advertised vide Annex. P -5 and seeks to quash Annex. 7 by which respondent No. 4 Raju Chauhan was selected as Shiksha Sahayogi in Gram Panchayat Nandrakalan, Panchayati Samiti Mandor.

(2.) A reply to the writ petition has been filed by the respondents taking the stand that the petitioner has been denied consideration on the post of Shiksha Sahyogi on account of reservation of post of Shiksha Sahayogi to the person of the class to which the Sarpanch of the said village belongs. According to the State, the post of Shiksha Sahayogi in Gram Panchayat Nandrakalan is reserved to the category to which the post of Sarpanch has been reserved and since in Gram Panchayat Nandrakalan, the post of Sarpanch has been reserved for Scheduled Tribe and therefore, the petitioner being not a member of Scheduled Tribe has rightly been denied consideration for the post of Shiksha Sahayogi.

(3.) IT is contended by learned Counsel for the petitioner that the reservation made vide Annex.4 for appointment on the post of Para -Teachers/ Shiksha Sahayogi to the extent it reserves the post of Para -Teachers/ Shiksha Sahayogi to the category to which the post of Sarpanch of that Gram Panchayat is reserved has been held to be unconstitutional and quashed by this Court in Mukesh Kumar v. State of Rajasthan, 2005 (1) SCT 541 (raj). According to learned Counsel for the petitioner, this controversy came to be considered by a Division Bench of this Court in Duleshwara v. Union of India, D.B. Civil Writ Petition No. 1879/2002 decided on 28.01.2003 wherein the order of linking appointments of para -teachers to the class to which elected post of Sarpanch was reserved was challenged and the Division Bench of this Court held that there was no justification to establish any rational nexus with object sought to be achieved by linking appointments to community of the elected Sarpanch and denial of appointment on such ground was held to be nothing but wholly illegal, unreasonable, arbitrary and violative of Articles 14 and 16 of the Constitution of India.