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Judgment
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the private respondent
no.9.
This matter relates to appointment of Secretary, Gram
Kachahari, Karhara, where four persons have applied. The merit list
was prepared, in which respondent no.9 was at serial no.1.
Admittedly, the petitioner was at serial no.4 in the merit list, but the
Sarpanch, Gram Kachahari, Karhara, illegally appointed the
petitioner though he was standing at serial no.4, leaving the persons
who were at serial nos. 1, 2 and 3. Thereafter, action has been taken
to rectify the illegality and the person who was at serial no.1 has
been appointed.
Two points have been raised by the learned counsel for
the petitioner; first the Block Development Officer has no
jurisdiction to pass the impugned order and another petitioner was
not given any notice before passing the impugned order.
Admittedly, the petitioner was at serial no.4 in the merit
list and the Sarpanch has illegally appointed him leaving the persons
who are at serial nos. 1, 2 and 3, so the question of giving any notice
will be a useless formality in view of the admitted position and so
far the power of the Block Development Officer is concerned, this
Court is not examining the same as admittedly illegality has been
committed and later on, rectified by the authority. If this Court
interferes in the matter, it amount to perpetuating to an illegality,
which cannot be a moto for exercising the power of judicial review.
In such view of the matter, this Court does not find any
merit in this writ application. Accordingly, this writ application is
dismissed.