^^^^^^^^^^^^^^^if^S^^te^^l^^] '^^w'v:?^W^-^^%^E%% :^^%%^^^S^;i;S@%il¥^i^^^^!^^ ^s^?i^%^^^^sl?^^i;s^"^sM^S^ HIQH COURTOF CaiHATTISQARH. BBLASPTOl W.P.ISl N0.912/2007 PBTITIONBR KB8PONDBMT8 3. Hiilas PiasadSahu S/o Madaa Lal Safau, Aged about 23 years, R/o Vfllage Pareada, P.S. & Tahsfl Abhaapur, District Raipur (C.G.) Versus State of CUiattisgarh, Throi^h, The Secrctary Departmeat of Paachayat, D.K.S. BUawan, Raipur (C.G.) Director, Panchayat, of State of Ghhattis^rh, Raipur, Dratrict Raipur (C.G.) Ku. Gajjobi Kurafahi, D/o Shri Daud Khan Kuratehi, aged about -, R/o Vfflage Parsada , P.S. & Tahsil Abhanpur, Distnct Raipnr The CoBector, District Raipiir (C.G.) WRIT pEnnoH xmpBR ARTICLB a^ OF THB cGiaBnTunoN OFnroiA Appearance: Shri C.R. Sahu, Counsel for die petitioaer. - SIui Ajay Dwivedi, Passl Lawyer for tbe State/respondente No. 1, 2 & 4on advancc copy. Shri Salyendra Sahu, Counsel for respondent No.3 on Caveat PetitiDn No. 105/2007. ORALQRDBR (09.08.2007) 8UIUL KUMAR 8IHHA. J. Heaad flualty wifh tl»coaaeat of fhe parties. W.P.(S)No.912G007 Thc brief facts are that respondent No.3 namely Ku. Gajjobi Kuraishi fited a Writ Petition (S) No.4754/2006 befoTe this Court chaUeiiging fhe appointiaeat of the petitioner inade on the post of Shiksha Kcmm Grade-III in Vidya Mandir Parsada, Block Abhanpur, DMtrict Raipur. The contentioa ofrespondeat No.3 wa& that the appotntmcnt of the petttioner on tte post of Shffvsha Kcarm Grade-III iu the sajd Govenunent aided school xiaxnety Vidya Maadir Parsada, Block Abhaapur, District Raipur was done without foMowit^ amended provisions of the ChhaWsgwh Pcmchaya.t Shiksha Karmi (Recruitmenl and ConcMft'ons of Seruiee) Rules, 1997 and thus, her casc was not considered for the said appointment She had contended that fhe Chief Executive Offlcer has also pointed out fhe said defect in his letter dated 17/8/2006 (Annexure P/1 of the saM petitton) addressed to the CoBector, Raipur, but no actmn was taken by (he CoBector. When fhis petitlon caine up for heariag, she wifhdrew fhe petition with a liberty to approach the CoUector for redressal of her gnevance, which was pennitted by (hte Court aad fhe saal pctitton was disposed of by oider dated 4th Scptembcr 2006. Thereaflter, the CoBcctor coaaidcred fhe xaatter vide Miscellaneous Case No.S/B/121/year 2006-2007 and passed fhe order dated '24th October 2006. After due euquiiy and after perusal of the pBovMions of saul Rules of 1997, fhe CoUector recoaded a finding that fhe experience of teacbing gained ia govenunent SGhools aad in Jan Bha.gidari schools, bofh are to be recogmzed and as far as legaUty of experience certificates are concemed, fhc decision of thc concemed Jaapad Pancliayat (for Shiksha Kcaini Grade-UI) shallbe final Theaefore, it was held fhat fhe Maa^iag CoaBaittee ofVidya Mandir coinautted an error by canccBing the experience ccrtificate ofrespoadeat No.3 aad on fhis gTound, the selection aiade on thc said post caanot be sustaiued. The CoUector clearty Becoxded a findiag fhat fhe correct procediire has not becn ^opted in tbc iatpugned appointment of Shifssha Kcarm Grade-UI, therrfore, fhe said appointmcnt was cancelled by the CoUector and the aepresentation filed by respondent No.3 was aBowed. Holdmgso, the CoBector remaaded the inatter wifh the following dlrectioa: 3 W.P.(S)No.912/2007 " TOW^ ft^5T ^ W-T ^fterar ^Tar 11^^ ^r OT?T ^te ^T ^t ^ ''ETipf •^^s gRr yr: ^tsm feqr ^my? a'3'ra ^^ ^ gro inm ^rat ^ snqR TR '3*41^!'<1 ^t Fly*)t^'(-ii'< SR) TRR ^ 'EFFT Hf^IT ^ whi^ Ri!at*<fl »i^f ^S^ ^ 31^7 WlRd ^P Arguiaents of fhe parties heard. The concertted Rutes and contente (rfthe oeder p^sed by Ihe CoUector perused. After perusal of the order passcd by thc Collector wifh refcrence to thc Rules referred to above, I do not fiad any iafinnily in fhe said order warrantmg m.terference by this CourL The CoUcctor has taken a correct view and Iias r^htty issued a direction to coinplete the selection process by following tte procedure prescribed in the said Rules. The petition has no xnerit and the saine 1s accordingty dlsmisscd. In view of the above, Caveat Petitfon No. 105/2007 stands dischaiged. — - Sd/- Sunil Kumar Sinha Judge Shyna