--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITION (S) NO. 9563 / 2010 RAMNIWAS MEGHWAL Vs. THE STATE OF MP & 3 OTHERS * * * * * O R D E R ( 16/11/2011) The petitioner before this Court has filed this present writ petition being aggrieved by the order dt. 2/6/10 passed by the State Minister, Panchayat & Rural Development, State of MP. The contention of the petitioner is that an advertisement was issued inviting applications for the post of Panchayat Karmi and the petitioner as well as the respondent No.3 submitted their applications along with other candidates. The contention of the petitioner is that minimum qualification required for the post of Panchayat Karmi is 10th (10 + 2) and a merit list has to be prepared by taking into account the marks obtained by the candidates in 10th standard examination. Petitioner has further stated that --- 2 --- keeping in view the Circular dt. 22/11/06 read with subsequent clarification dt. 13/8/07 as 10th standard is a minimum requirement for the post of Panchayat Karmi, a merit list has to be drawn keeping in view marks obtained in 10th class and additional marks can be awarded to candidates for higher qualifications. The grievance of the petitioner is that the respondents based upon the marks granted in the 12th standard examination have recommended the candidature of respondent No.3 for appointment to the post of Panchayat Karmi by passing a resolution on 18/8/07 and later on appointment order has also been issued on 31/8/07. Petitioner has further stated that the that a representation was preferred against the resolution passed by the Gram Panchayat before the Chief Executive Officer, Janpad Panchayat, Manasa, as well as Collector, Neemuch and the Collector, Neemuch has finally passed a detailed and exhaustive order on 28/5/08 that too after hearing respondent No.3 and has held that the merit list prepared by the Gram Panchayat was contrary to the executive instructions issued by the State Government. The respondent --- 3 --- No.3 aggrieved by the order of Collector dt. 28/5/08 has preferred an appeal before the Commissioner, Ujjain Division, Ujjain and the Commissioner, vide order dt. 2/3/10 has dismissed the appeal preferred by the Commissioner. The respondent No.3 being aggrieved by the order passed by the Collector as well as by the order passed by the Commissioner has preferred a revision before the State Government and by an order dt. 2/6/10 the State Minister has set aside the orders passed by the Collector as well as by the Commissioner. The petitioner has prayed for quashing of the impugned order. Learned counsel for the respondent No.3 as well as the Gram Panchayat have vehemently argued before this Court that a merit list was prepared on the basis of marks obtained in 12th standard examination and as the petitioner was only having 10th standard certificate to his credit, marks have not been awarded to him. It has been stated that the respondent No.3 was appointed on the post on merits and therefore the Minister has rightly set aside the order passed by the Collector as well as by the Commissioner. The respondents --- 4 --- have prayed for dismissal of the writ petition. Heard learned counsel for the parties at length and perused the record. The matter is being disposed of at the admission stage itself with the consent of the parties. In the present case, resolution passed by the Gram Panchayat reflects that no marks have been awarded to the petitioner only because he has not cleared 12th standard examination whereas the policy framed by the State Government read with Letter dt. 22/11/06 and clarification issued by the State Government dt. 13/8/07 provides for 10th standard certificate as minimum qualification. A person who has cleared 10th standard examination cannot be deprived of his legitimate right of consideration as has been done in the present case. The petitioner has been straightway excluded from the zone of consideration by the Gram Panchayat merely because he was not having 12th standard examination. The petitioner at this stage, has informed this court that the petitioner is holding a Bachelor's degree in Arts, however, as the minimum qualification was 10th standard, he has not disclosed the same before the Gram --- 5 --- Panchayat that he is having a graduate degree to his credit. This Court has carefully gone through the resolution and is of the considered opinion that the exclusion of the petitioner from consideration is bad in law. He was fulfilling the minimum qualification prescribed for the post of Panchayat Karmi and the merit list was required to be prepared keeping in view the marks obtained by candidates in the 10th standard examination. The matter is remanded back to the Gram Panchayat to pass a fresh resolution keeping in view the various circulars issued by the State Government from time to time as well as the policy issued by the State Government of the year 1995 in respect of appointment of Panchayat Karmis. The impugned order passed by the State Minister is accordingly quashed. (S. C. SHARMA) J U D G E KR