High Court disposed of the writ petition regarding recruitment grievances for Gram Panchayat Sahayak, relying on coordinate judgments directing the State to constitute a review committee for redressal. Court assured procedural compliance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 4298 / 2018
Keshar Singh
----Petitioner
Versus
State of Rajasthan & Ors.
----Respondent
For Petitioner(s) :Mr. Kailash Jangid
For Respondent(s) :Mr. Vikas Choudhary for Mr. SS Ladrecha, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order
22/03/2018
1 . Learned counsel for the petitioner states that the matter is squarely covered by the judgment rendered by a coordinate Bench of this Court in Bhoma Ram Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.6023/2017) decided on 01.06.2017.
3 . The coordinate Bench of this Court on 24.05.2017 has passed the following order in Sunita Sharma Vs. State (Supra) :
“Learned counsels for the petitioners have submitted that before commencement of interview for recruitment to the post of Gram
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Panchayat Sahayak, no criteria was adopted. They have submitted that the interview conducted was a sham and farce and before commencement of interview, members of the interview panel have decided the names of the persons to whom appointment was to be given. It is contended that selection is nothing but a favouritism practiced in the garb of interview.
Shri S.K. Gupta, learned Additional Advocate General, has contended that for better governance, State Government is committed to ensure transparency in the process of selection of a Gram Panchayat Sahayak and hence, the State
Shri Gupta has further stated that a circular regarding constitution of the committee shall be issued within one week from the date of receipt of certified copy of this order. Shri Gupta has further submitted that since work of Gram Panchayat is suffering, this court may stipulate a schedule regarding filing of representation/complaint to the committee regarding selection made by each Gram Panchayat.
This court appreciate the fair stand taken by the State Government.
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Hence, the present bunch of writ petitions listed today is disposed of by issuing following directions:-
(a). That the State Government shall issue a circular regarding constitution of the committee within one week from the date of receipt of certified copy of this order.
(b). That from the date of selection of the candidate or within fifteen days from constitution of the committee, whichever is later, any candidate who had participated in the interview, is having grievance and is dissatisfied, may file a representation before the committee.
(c). That the said committee after looking into the record, shall decide the representation by passing a detailed reasoned speaking order.
(d). That copy of the order to be passed upon the representation shall be sent to the candidate through registered post.
(e). That if the candidate who has filed representation, is still aggrieved of the decision, he or she may, within one month from the date of receipt of registered post, take recourse to lawful remedy available to him/her in accordance with provisions of law.
(f). That for putting the candidates to notice who had participated in the selection process, this order and the circular so issued by the State Government shall be uploaded on the official website of the Rural Development & Panchayati Raj Department and the Education Department (Elementary).
As a parting note, a direction is given to the Deputy Registrar (Judicial) that all cases pertaining to recruitment of Gram Panchayat Sahayak, be listed upon submission of application by the concerned counsel.
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A copy of this order under seal and signature of Court Master be handed over to Shri S.K. Gupta, learned AAG, for onward transmission and compliance.”
(DR. PUSHPENDRA SINGH BHATI)J.
sudheer
Colour shows how this judgement treated each authority
Bhoma Ram Vs. State of RajasthanReferred¶12
Bhoma Ram Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.6023/2017)
Sunita Sharma Vs. State of RajasthanReferred¶13
Sunita Sharma Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1032/2017)
Keshar Singh
State of Rajasthan
Dr. Justice Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
