Khilan Lal Vanshkar vs State of M.P. and Others

Sujoy Paul, J.—The Petitioner, who was appointed as Guruji vide order dated 09.10.2002 (Annexure P-3) is aggrieved by the order of Collector dated 13.09.2004, whereby the appeal challenging his appointment preferred by the respondent No. 4 was allowed. The singular ground on which the petitioner''s appointment was set aside by the Collector was that he was not a local resident of concerned Gram Panchayat and was a resident of Gram Sinavalkhurd, whereas, the respondent No. 4 was a resident of the same village. The Collector opined that the respondent No. 4 herein was entitled to get preference being local resident and, therefore, the appointment of the petitioner was set aside.

This Court way back on 27.09.2004 stayed the impugned order dated 13.09.2004 (Annexure P-1).

Shri Raghuvanshi, learned counsel for the petitioner submits that pursuant to said interim order, the petitioner continued to work on the post in question in the regular cadre.

I have heard learned counsel for the parties, perused the record and also the impugned order passed by the Collector.

It is gathered that interference was made by the Collector solely on the ground of local resident. The Collector found that the petitioner was not a local resident of the concerned Gram Panchayat. However, this aspect has already been decided by this Court in W.P. No. 1226/2005 (Girraj Prasad Vs. State of M.P. & Ors.), wherein, this Court has followed the judgment of Supreme Court delivered in the case of Kailash Chand Sharma Vs. State of Rajasthan and Others, On the basis of aforesaid judgment, this Court opined that any requirement of local resident in case of Guruji runs contrary to the aforesaid judgment delivered in the case of Kailash Chand Sharma (supra) and the same judgment was followed by this Court in W.P. No. 605/2004 (Mahendra Pratap Singh Vs. State of M.P. & Ors.) Considering the aforesaid, this petition stands allowed and the order impugned dated 13.09.2004 (Annexure P-1) passed by the Collector is hereby set aside. No order as to costs.