Rajasthan High Court
Kunj Bihari Sharma vs State Rural Develp And Panchayati ... on 27 July, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 22839/2017
Kunj Bihari Sharma, S/o Shri Satya Narayan Sharma, R/o Village
Ralawas, Post Salempura, Tehsil Ramgarh Pachwara, District
Dausa.
----Petitioner
Versus
1. State Of Rajasthan Through Its Principal Secretary To The
Government, Rural Development And Panchayati Raj
Department, Government Secretariat, Jaipur.
2. Collector, District Dausa.
3. Director, Secondary Education, Bikaner.
4. Chief Executive Officer, Zila Parishad, Dausa
5. District Education Officer, Elementary Education, Dausa.
6. Panchayat Elementary Education Officer, Government
Secondary School, Salempura, Tehsil Ramgarh Pachwara,
District Dausa.
7. Pappu Lal Sharma S/o Shri Radhey Shyam, R/o Vpo
Salempura, Tehsil Ramgarh Pachwara, District Dausa.
----Respondents
For Petitioner(s) : Mr. Hari Kishan Sharma with
Mr. Ashok Kumar Soni.
For Respondent(s) : Mr. Harshad Kapoor.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
27/07/2022
This writ petition has been filed by the petitioner with the
following prayer:-
"It is, therefore, prayed that this writ
petition may kindly be accepted and
allowed and by an appropriate writ, order
or direction, the action of the respondents
while not considering the candidature of
the petitioner for appointment on the post
of Gram Panchayat Sahayak on the basis of
(2 of 4) [CW-22839/2017]
his experience certificate and percentage of
marks may kindly be declared to be
arbitrary and illegal and the same may
kindly be quashed and set-aside and the
respondents may kindly be directed to
select the petitioner for the said post and
give him appointment on the said post with
all consequential benefits to him.
Any other appropriate order or direction,
which this Hon'ble Court may deem just
and proper in the facts of the present case,
may also be passed in favour of the
petitioners."
Counsel for the respondents submits that the issue involved
in this writ petition has been considered and decided by the Co-
ordinate Bench of this court at Principal Seat Jodhpur in the
matter of Malu Ram Vs. State of Rajasthan & Ors. (S.B. Civil
Writ Petition No.4374/2018 along with other connected
matters) decided on 10.05.2018, it has been held as under:-
"28. In view of the above, this Court deems
it appropriate to issue the following
directions :-
(i) The respondents shall constitute a
Committee comprising of CEO Zila Parishad
concerned, DEO Elementary Education
concerned, DEO Secondary Education
concerned and BEEO concerned. The
petitioners shall give fresh representations
to such Committee constituted by the Zila
Parishad. The Committee shall be required
to operate with a quorum of at least two
members of the aforesaid four members
Committee, which have been suggested by
the Additional Advocate General himself in
the presence of the DEO Legal Elementary,
Jodhpur.
(ii) The Committee shall make the
necessary consideration of each dispute and
pass specific orders with reasons to accept
or deny the causes taken up by the
petitioners in their representations.
(iii) If the grievances of the petitioners is
affecting any third party then the
Committee shall be required to give
sufficient opportunity of hearing to the third
party as well, before coming to the
(3 of 4) [CW-22839/2017]
conclusion regarding the dispute in
question.
(iv) The respondents shall not conduct any
fresh selection process for the post of Gram
Panchayat Sahayak in the Gram Panchayats
where the dispute has been raised by the
petitioners, until a proper speaking order is
passed upon the representation by the
Committee.
(v) The respondents shall be at liberty to
continue the contract of the existing Gram
Panchayat Sahayaks strictly in accordance
with law and as per the policy decision of
the State Government, but on completion of
the first term for the Gram Panchayat
Sahayaks where the dispute has been
raised by the petitioners, the extension /
renewal of the contract shall not be granted
until final orders upon the representations
of the petitioners are passed.
(vi) The respondents, therefore, shall be
required to hear all the parties concerned
and affected, through their Committee a
quorum of which has already been laid
down by this Court with the assistance of
the learned Additional Advocate General,
and until the conclusion in the shape of
speaking order is made by the Committee
concerned, any further selection process in
the Gram Panchayats regarding the post of
Gram Panchayat Sahayak concerned where
the dispute has been raised by the
petitioners, in particular, shall not be made.
(vii) This order shall not operate qua any
person, who is not the petitioner before this
Court, and for the Gram Panchayats where
the disputes are already being resolved, as
per the earlier judgments, the authority
shall be free to take appropriate legal
recourse.
(viii) The respondents shall be required to
complete this exercise as expeditiously as
possible within the outer of limit of two
months.
29. With the aforesaid observations and
directions, the present writ petitions are
disposed of
Counsel for the petitioner has not disputed the submissions
made by the counsel for the respondents.
(4 of 4) [CW-22839/2017]
In that view of the matter, this writ petition is disposed of in
view of the judgment passed by the Co-ordinate Bench of this
court at Principal Seat Jodhpur in the matter of Malu Ram (supra).
The respondents are directed to take a decision with regard
to appointment of the petitioner/respondent No.7 on the post of
Gram Panchayat Sahayak within a period of two months.
(INDERJEET SINGH),J
MG/62
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