Allowed

Rahul Bhimrao Dehade v. the State of Maharashtra and Ors.

Bombay HC9 Mar 2018WP/509/2012

Case brief

AI extract

What is this about?

The Bombay High Court quashed an irregular appointment of a computer operator who was not a resident of the village where the post was vacant, violating local preference conditions. The court directed the respondents to issue fresh advertisements and complete recruitment within four weeks.

What did the court decide?

The appointment order dated 15-11-2011 was quashed and set aside. Respondents were directed to issue fresh advertisement for the post and complete recruitment within four weeks.

Rahul Bhimrao Dehade Vs the State of Maharashtra and… — Service and Employment | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 WRIT PETITION NO.509 OF 2012

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Rahul s/o Bhimrao Dehade,

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Age-30 years, Occu:Nil- Unemployed,
R/o-Kolambi (Manjra), Tq-Kannad,
Dist-Aurangabad.

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...PETITIONER

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 VERSUS

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1) The State of Maharashtra, Through the Secretary, Rural Department, Mantralaya, Mumbai,

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2) The Chief Executive Officer, Zilla Parishad, Aurangabad,

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3) The Gramsevak, Grampanchayat, Kolambi(Manjra), Tq-Kannad, Dist-Aurangabad,

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4) The Project Manager,
 Maha Online Limited,
 10th Floor, Godrej Colisium,
 Somayya Hospital Road,
 Sion(E), Mumbai-22,

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5) Shri Bhimrao Tukaram Davange, Age-Major, Occu:Computer Operator, R/o-Shafipur, Tq-Kannad, Dist-Aurangabad.

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...RESPONDENTS

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 ...
 Mr.A.D. Sugdare Advocate for Petitioner.
 Mrs.V.A. Chaudhari, A.G.P. for Respondent No.1.
 Mr.V.C. Patil Advocate h/f. Mr. U.B. Bondar
 Advocate for Respondent Nos. 2 and 3.
 Mr. M.I. Ahmed Advocate and Mr. Sayyed
 Sharifoddin Advocate for Respondent
 No.4 (Absent).

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 None present for Respondent No.5 though served.
 ...

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CORAM: S.S. SHINDE AND
 S.M. GAVHANE, JJ.

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DATE OF RESERVING ORDER : 27TH FEBRUARY, 2018

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 DATE OF PRONOUNCING ORDER: 9TH MARCH, 2018

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ORDER [PER S.S. SHINDE, J.]:

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1. This Petition under Article 226 of the

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Constitution of India, is filed with following
substantive prayers:

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"B. By issuing writ of mandamus or any
other writ in like nature or order or
directions the appointment order dated 15-
11-2011 issued in favour of Respondent No.5
be quashed and set aside.

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C. By issuing writ of mandamus or any other

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writ the necessary enquiry be directed
against the respondent No.3 and 4 in the
interest of justice.

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D. By issuing writ of mandamus or any other
writ in like nature the respondent No.3 and
4 be directed to consider name of the
Petitioner for appointment on the post of
computer operator in the office of the
Grampanchayat Kolambi (Manjra)"

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2.It is the case of the Petitioner that he

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passed Higher Secondary School Examination in the
year 2003, thereafter he has completed B.A. Degree
fromDr.BabasahebAmbedkarUniversity,
Aurangabad. The Petitioner has completed computer
course in MSCIT and obtained A Grade Certificate

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approved by the Government. The Petitioner has
also completed Diploma course in Agriculture. It

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is submitted that the Government and Tata
Consultancy Services launched Maha Online portal
to be a one-stop-shop with end-to-end online

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processing and delivery of any citizen,
authorities at State, District, Taluka level head

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quarters. This Maha-online will help the
Government administration for the digitization
process of Government files and enhance decision
making and the citizen will have easy access to

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the information. It is submitted that the
Government and Tata Consultancy Services with
joint venture, established Maha-online, the
Government company implementing e-governance at
Panchayat level. For that purpose the Government

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decided to recruit Computer Operators in Gram
Panchayat. The E-Panchayat project aims to
increase efficiency at Gram Panchayat level and is

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being implemented by the State Government from
30th April, 2011. The recruitment were to be done
under supervision of Block Development Officer. It
is alleged that the coordinator did not adhere to
the conditions laid down for recruitment of this

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post, particular condition that the candidate
should be of the same village and have knowledge
of computer.

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3.It is the further case of the Petitioner

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that under the title and name of 'National

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Institute of Study Center', information was
published for appointment of computer operator on

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contract basis through NISC. In each Gram

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Panchayqat for that application were invited and
last date of receiving such application was 25th
October, 2011. It was mentioned in the said
concerned form that the said information shall be

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read in the meeting of Gram Panchayat. It is
submitted that no such meeting was held by the
Gram Panchayat, Kolambi at any point of time and

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therefore, this information was not made known in
the village with mala fide intention. One of the
clause in the application is that candidate to be

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selected must be from the same village. Respondent
No.5 is appointed as a computer operator in Gram

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Panchayat Kolambi, who is resident of village
Shafipur, Tq-Kannad. It is the case of the

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Petitioner that Respondent Nos.3 and 4 have acted
arbitrarily with mala fide intention and gave

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appointment to Respondent No.5. Hence this
Petition.

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4.Learned counsel appearing for the
Petitioner submits that Central Government and
State Government has introduced a scheme namely
Bharat Nirman and in the said Scheme, E-Governance
Scheme is also introduced by which all the Gram
Panchayat in the State are to be linked on-line
with the computers. He further submits that as per

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the provisions of the said scheme computer
operators were to be appointed from each village

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and one of the condition for such appointment was
that the candidate so selected, must be from the
same village. In contravention of the provisions

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of the said scheme, Respondent Nos.3 and 4, in
collusion with each other, appointed Respondent
No.5 - Bhimrao Tukaram Davange as a computer
operator in the village Kolambi, who is resident

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of different village i.e. village Shafipur. The
fact that post of computer operator was to be

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filled in, from amongst the candidates residing in
village Kolambi, was not made known to the
residents of village Kolambi and therefore the
Petitioner could not apply for the said post. It
is submitted that being local residence,
preference was required to be given to the
Petitioner while giving appointment as computer
operator. Hence it is prayed that the Petition may
be allowed.

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5.Learned counsel appearing for Respondent
Nos.2 and 3, referring to the affidavit in
reply submits that after 73rd amendment in

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the Constitution of India, Article 243 gives
power to the Central and State Government to
implement the development scheme under Panchayat
Raj. It is submitted that Central Government and
State Government introduced E-Governance Scheme,
under which all the Gram Panchayat in the State

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are to be linked on-line with the computers. As
such the State Government also issued certain

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directions for implementation of the said scheme
at Zilla Parishad, Panchayat Samiti and Gram
Panchayat level, from the year 2010. It is
submitted that Government of Maharashtra issued
severalGovernmentResolutionsprescribing
guidelines for implementing the said scheme. It is
also made clear in the Government Resolutions
that, said project will be operated through
Respondent No.4 - Maha On-line, which is a company
working under the State Government. It is further
submitted that in Government Resolution issued on
30th April, 2011, wherein it is prescribed that as
Maha On-line Company is providing qualified staff
for implementation of the said scheme, therefore
local authorities may not appoint any employee on
their own and concerned staff will be made
available by said Maha On-line Company, on
contract basis.

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6.Learned counsel further submits that

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under the said scheme, computer operators are to

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be appointed for implementing the said scheme at
Gram Panchayat level. It is submitted that all the
appointments which are to be made under the E-
Governance Scheme are to be made by Respondent
No.4. The said company has to provide required
staff to implement the said scheme at Zilla
Parishad, Panchayat Samiti and Gram Panchayat
level. It is submitted that so far as the
appointments are concerned, Respondent Nos.2 and 3
have no interference in the same. It is submitted
that in the concerned Government Resolution, it
has been made clear that all the appointments made
by Respondent No.4 are to be made on contract
basis and the employees who are appointed by
Respondent No.4 Maha On-line Company will not
claim any benefit of regular employees in future
also and these appointments are purely on
temporary and contract basis. It is submitted that
Respondent No.4 issued letter to Respondent No.5

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and asked Respondent No.3 Gram Sevak of village
Kolambi to allow him to join as computer operator.

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Hence it is prayed that the Writ Petition may be
rejected.

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7.Respondent No.4 though represented by two
Advocates, at the time of hearing of this
Petition, neither Respondent No.4 was present nor
the counsel was present. Even no reply is filed on
behalf of Respondent No.4. Though notice was duly
served on Respondent No.5, he chosen to remain
absent at the time of hearing.

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8.We have heard learned counsel appearing

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for the Petitioner and learned counsel appearing
for Respondent Nos.2 and 3. With their able
assistance we have perused the averments in the
Petition, annexures thereto and the affidavit in
reply filed on behalf of Respondent Nos.2 and 3
and annexures thereto, and the various Government
Resolutions, copies of which are placed on record.

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From the perusal of the documents placed

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9.

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on record, it is clear that Central Government as
well as State Government has introduced "Bharat

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Nirman" Scheme and under the said scheme, E-
Governance Scheme is also introduced with the aim
and object that all the Gram Panchayats in the
State of Maharashtra are to be linked on-line with
the help of computers. The work to appoint staff
for effective implementation of the said scheme is
entrusted with Respondent No.4 - Maha On-line
Company. The grievance raised by the Petitioner,
in this Petition is in respect of appointment of
Computer Operator.

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10.Learned counsel appearing for the

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Petitioner invites our attention to the form
published by National Institute Study Center,
prescribing the conditions for appointment of
Computer Operator. The qualificationfor
appointment on the post of Computer Operator,
prescribed in the said form is as under:

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" mesnokjkph ik=rk

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1½ mesnokj fdeku HSC mRrh.kZ vlkok-

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2½ mesnokjkus lax.kd izf'kf{kr vlkok- mnk- MS-CIT

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3½ mesnokj R;kp xkokrhy jfgok'kh vlkok-

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4½ mesnokjkus vkiY;k f'k{k.kkP;k izek.ki=kaph iqrZrk djkoh- "

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11. Thus, one of the conditions i.e.

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condition No.4, stipulated in the form issued by
National Institute Study Center, for appointment
of Computer Operator in the village is that the
candidate applying for the post of Computer
Operator, must be the resident of said village

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only. Learned counsel further invites our
attention to the communication dated 15th
November, 2011 issued by Project Registrar, Maha
On-line Company to the Gram Sevak, Gram Panchayat,

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Kolambi, Tq-Kannad, Dist-Aurangabad stating
therein that the said company has appointed
Respondent No.5 as computer operator on contract

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basis for Kolambi Grampanchayat and therefore

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Respondent No.5 be permitted to join his duties.

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From the documents placed on record, it is clear
that Respondent No.5 is a resident of village
Shafipur and still he has been appointed as
computer operator for village Kolambi (Manjra).
Therefore, his appointment deserves to be
cancelled.

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12.The prayer of the Petitioner to appoint
him as computer operator for village Kolambi
cannot be acceded to, because without following
the due process for appointment of computer
operator, the appointment cannot be given to the
Petitioner.

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13.In the peculiar facts and circumstances,

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we quash and set aside the impugned appointment
order dated 15th November, 2011 issued in favour

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of Respondent No.5 thereby appointing him as
Computer Operator for Gram Panchayat Kolambi
(Manjra), Tq-Kannad, Dist-Aurangabad. We further
direct Respondent Nos.2 to 4, to issue fresh

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advertisement for filling up the post of computer
operator for Gram Panchayat Kolambi (Manjra), Tq-
Kannad, Dist-Aurangabad inviting applications from
eligible candidates including who are residents of
village Kolambi (Manjara), as expeditiously as
possible, however within FOUR WEEKS from today.
After issuance of such advertisement, it will be
open for the Petitioner to participate in the said
recruitment process for the post of Computer
Operator. We further direct Respondent Nos.2 to 4
to complete all the recruitment process, within
further FOUR weeks from the date of issuance of
fresh advertisement.

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14.With the above observations and

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directions, the Writ Petition stands disposed of.

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[S.M. GAVHANE, J.] [S.S. SHINDE, J.]

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asb/MAR18

Rahul Bhimrao Dehade v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Rahul Bhimrao Dehade v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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