Disposed

Chetan Prakash Verma v. State of Rajasthan and Ors.

Rajasthan HC20 Apr 2018CW/5581/2018

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition challenging the Gram Panchayat Sahayak recruitment process. Relying on identical orders by coordinate benches, the court directed the petitioner to move a representation to the constituted committee. The writ was dismissed with a direction to the State to give proper opportunity of hearing before correcting the position.

What did the court decide?

The writ petition is disposed of; the petitioner is directed to file a representation to the committee within the stipulated time.

Chetan Prakash Verma Vs State of Rajasthan and Ors. — Writ and Judicial Review | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 5581 / 2018

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Chetan Prakash Verma S/o Shri Girdhari Lal Soni, Aged About 43 Years, Resident of Village Bachhrara Tehsil Ratangarh District Churu.

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----Petitioner

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Versus

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The State of Rajasthan Through Secretary, Department of Rural Development and Panchayati Raj, Government of Rajasthan, Secretariat, Jaipur.

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Addl. Commissioner and Joint Secretary, Rural Development and Panchayati Raj Department, Rajasthan, Jaipur.

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Chief Executive Officer, Zila Parishad, Churu.

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District Education Officer (Elementary), Churu.

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Block Development Officer, Panchayat Samiti Ratangarh District Churu.

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Gram Panchayat Bachhrara, Panchayat Samiti Ratangarh, District Churu Through Gram Sevak Cum Secretary.

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School Development Management Committee, Government Adarsh Senior Secondary School, Bachhrara District Churu.

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Panchayat Elementary Education Officer Cum Principal, Govt. Adarsh Senior Secondary School, Bachhrara District Churu.

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Prakash Chandra Sharma S/o Shri Purna Ram Sharma, Resident of Village Bachhrara Tehsil Ratangarh District Churu.

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Ramesh Kumar Sharma S/o Shri Bhagirath Prasad Sharma, Resident of Village Bachhrara Tehsil Ratangarh, District Churu.

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Ranveer Singh S/o Shri Narayan Singh, Resident of Village Bachhrara Tehsil Ratangarh District Churu.

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----Respondents

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For Petitioner(s) :Mr. BS Tanwar

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For Respondent(s) :Mr. Vikas Choudhary for Mr. SS Ladrecha, AAG

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

(2 of 5)

[CW-5581/2018]

25/04/2018

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.

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Learned counsel for the petitioner also states that the matter is squarely covered by the judgment rendered by a coordinate Bench of this Court in Sunita Sharma Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.1032/2017) decided on 24.05.2017.

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3 . The coordinate Bench of this Court on 24.05.2017 has passed the following order in Sunita Sharma Vs. State (Supra) :

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“Learned counsels for the petitioners have submitted that before commencement of interview for recruitment to the post of Gram 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.

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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 Government to allay apprehension of persons who had participated in the selection process,

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(3 of 5)

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[CW-5581/2018]

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shall constitute a committee consisting of Collector of the concerned District, Chief Executive Officer of the concerned Zila Parishad and District Education Officer (Elementary) of the concerned District. Shri Gupta has made this statement on the instructions of Shri Sunil Kumar Sharma, Joint Secretary, Elementary Education, Government of Rajasthan.

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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.

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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:-

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(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.

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(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.

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(c). That the said committee after looking into the record, shall decide the representation by passing a detailed reasoned speaking order.

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(4 of 5)

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[CW-5581/2018]

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(d). That copy of the order to be passed upon the representation shall be sent to the candidate through registered post.

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(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.

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(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).

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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.”

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Learned Additional Advocate General assures this Court that if the representation is made by the petitioner, the same shall be decided within a period of one month in light of the same terms of Bhoma Ram Vs. State (supra) and Sunita Sharma Vs. State (supra) strictly in accordance with law.

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In light of the aforequoted judgment, the writ petition is disposed of. In case, the petitioner’s grievance is found to be correct, then after giving proper opportunity of hearing to the

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(5 of 5)

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[CW-5581/2018]

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selected candidates, necessary action shall be taken by the respondents for correcting the position.

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(DR. PUSHPENDRA SINGH BHATI)J.

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sudheer

Chetan Prakash Verma v. State of Rajasthan and Ors.

Case brief

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Chetan Prakash Verma v. State of Rajasthan and Ors.

Case brief

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