1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: ORDER :: S.B. CIVIL WRIT PETITION NO.1073/2010 Hanuman Singh Patel Vs. State of Rajasthan and Ors. DATE OF ORDER :: 25.11.2010 PRESENT HON'BLE MR. GOVIND MATHUR ,J. Mr. Manish Patel, for the petitioner. Mr. G.R. Punia, Additional Advocate General. BY THE COURT : By the order dated 14.12.2009, the Chief Executive Officer, Rajasthan Rural Employment Guarantee Council instructed all the competent authorities not to extend the term of contract employment expiring on 15.12.2009 for the Programme Officers working under National Rural Employment Guarantee Scheme. While challenging the same, it is contended that the petitioner was serving with the respondents as Programme Officer since December, 2009, therefore, he is required to be 2 continued as such, till availability of regularly selected incumbent. It is pointed out that the respondents want to employ certain other persons as Assistant Programme Officer under an advertisement dated 2.9.2009, therefore, just to avail their services, the petitioner and the persons alike were sought to be discontinued. The post of Programme Officer is prescribed under the National Rural Employment Guarantee Act, 2005 (for short 'the Act of 2005' hereinafter) itself. As per Section 2(m) of the Act of 2005, “Programme Officer” means an officer appointed under sub-section (l) of Section 15 for implementing the Scheme. According to Section 15(l) of the Act of 2005, at every Panchayat at intermediate level, the State Government shall appoint a person who is not below the rank of Block Development Officer with such qualifications and experience as may be determined by the State Government as Programme Officer at the Panchayat at intermediate level. The fact admitted in the instant matter is that the petitioner though is having eligibility to be appointed as Block Development Officer, but he is not a person holding a post upto the rank of Block Development Officer, as such, as per Section 15(l) of the Act of 2005, he is lacking the statutory qualification to hold the office of Programme Officer. 3 The arguments of learned counsel for the petitioner that the petitioner being possessing the qualification required for appointment of Block Development Officer, deserve to be treated as a person with a rank not below the Block Development Officer is of no consequence, as the requirement of law is that the Programme Officer should not be a person below the rank of Block Development Officer. This means that a person who is holding either the post of Block Development Officer or of equivalent rank or of higher rank can only be employed as Programme Officer. Mere availability of qualification required to hold the post of Block Development Officer is not sufficient to occupying the office of Programme Officer. No wrong, thus exists with the decision of the respondents to discontinue the petitioner from the post of Programme Officer. The petition for writ is dismissed. (GOVIND MATHUR), J. rm/