Om Prakash Sharma Andanr vs State Panchayati Raj Ors ...
2024 Latest Caselaw 2599 Raj/2

Citation : 2024 Latest Caselaw 2599 Raj/2
Judgement Date : 8 April, 2024

Rajasthan High Court

Om Prakash Sharma Andanr vs State Panchayati Raj Ors ... on 8 April, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:16796]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                  S.B. Civil Writ Petition No. 17266/2017

1.       Om Prakash Sharma S/o Banwarilal Sharma, Resident Of
         Village Chhajurampura, Post Pala Tehsil Malakhera, Dist.
         Alwar.
2.       Heena Rathore D/o Mangal Singh Rathore, Resident Of
         Bagar Ka Bas, Alwar.
                                                                        ----Petitioners
                                         Versus
1.       State       Of     Rajasthan          Through         Principal    Secretary,
         Department Of Panchayati Raj, Secretariat, Jaipur.
2.       Director, Elementary Education, Rajasthan, Bikaner.
3.       District Education Officer Elementary, Alwar.
4.       Chief Executive Officer, Zila Parishad, Alwar.
5.       Block Elementary Education Officer, Panchayat Samiti
         Rajgarh, Dist. Alwar.
6.       School           Development               Management             Committee,
         Government Senior Secondary School., Dhigawada, P.s.
         Rajgarh, Dist Alwar. Through Chairman.
7.       Panchayat Elementary Education Officer, Gram Panchayat
         Dhigawada, Block Rajgarh, Dist.alwar.
8.       Gram Panchayat Dhigawada, P.s. Rajgarh, Dist. Alwar.
                                                                      ----Respondents

For Petitioner(s)              :     Mr. Tanmay Dhand
For Respondent(s)              :     Mr. Yash Joshi, Adv.



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                               Judgment / Order

08/04/2024

Learned counsels appearing for the parties submit that the

issue raised in the present petition has been put to rest and is

squarely covered by the order of this High Court passed at

principal seat Jodhpur dated 10.05.2018 in S.B. Civil Writ

[2024:RJ-JP:16796] (2 of 4) [CW-17266/2017]

Petition No.4374/2018, Malu Ram vs. State of Rajasthan &

Ors. alongwith other connected matters.

In case of Malu Ram (supra), the Coordinate Bench of

this Court, after considering the various judgments of this High

Court has observed and ordered as under:

"26. In light of aforementioned submissions made by the learned counsel for the parties, this Court is of the opinion that already there is an existing directions to the respondents to lay down a common criteria for selection on the post of Gram Panchayat Sahayak to be made afresh, which is there in the judgment of Pawan Kumar (supra), and the respondents are under a legal obligation to work out a criteria, which shall, after giving appropriate weightage to the experience and merit as well as other eligibility conditions for the contractual post of Gram Panchayat Sahayak, shall be followed for the next round of recruitment. The sufficient directions are already existing in the judgment of Pawan Kumar (supra) regarding the same.

27. The limited issue of adjudication before this Court in the present dispute is that the petitioners are seeking redressal of consideration of their points regarding their experience, merit andother issues by the respondents for considering them to be appointed as Gram Panchayat Sahayaks in their respective claimed Gram Panchayats, before the fresh rights are created by the new recruitment process or by extension / renewal of the existing contract. It is further made clear that this adjudication is only qua the petitioners who have approached this Court and shall operate only in respect of those Gram Panchayats where the dispute has been raised by the petitioners.

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

[2024:RJ-JP:16796] (3 of 4) [CW-17266/2017]

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 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.