Krishna Murari Yadav vs The State of Madhya Pradesh

Rajendra Menon, Judge

Challenging the order passed by the Commissioner, Sagar Division, Sagar as contained in AnnexureP/ 10, dated 842009 the petitioner has filed this writ petition.

The matter pertains to appointment of Panchayat Karmi in the Gram Panchayat, Belai Mafi under the Janpad Panchayat, Sagar, District Sagar. By the impugned order the Commissioner has set aside the earlier order passed by the Collector as contained in AnnexureP/ 7, dated 2472008 and finding that proper selection in accordance to the mandate of the Circular (AnnexureP/ 2), dated 27012006 has not been undertaken, the matter has been remanded back to the Gram Panchayat for conducting a fresh process of selection. It is the case of the petitioner that in accordance to the Circular (AnnexureP/ 2), dated 27012006 and the procedure contemplated in the said Circular, the petitioner who was the most meritorious person was appointed by order of the Collector, the said order has been interfered with by the Commissioner without proper consideration. If the order passed by the Commissioner is taken note of, it would be seen that the Commissioner has found that in the Circular, dated 27012006 certain guidelines have been stipulated for giving preference to the Scheduled Castes, Scheduled Tribes, Other Backward Classes and women candidates and thereafter to determine the merit following the mandatory requirement. As the mandate of this Circular had not been followed up by the Gram Panchayat the matter has been remanded back to the Gram Panchayat to reconsider all the applications received afresh and take a decision for selection in accordance with the Circular. The Commissioner in para 5 of the impugned order has recorded a cogent finding to the effect that consideration for selection on the post of Panchayat Karmi has not been made by the Gram Panchayat concerned in accordance with the Circular (AnnexureP/ 2) and, therefore, the matter has been remanded back to the Gram Panchayat to take a decision afresh. As the order impugned passed by the Commissioner only issues a direction to the Gram Panchayat to take steps for filling up the post of Panchayat Karmi in accordance to the Circular, dated 27012006, it is not appropriate for this Court to interfere in the matter. If the Circular (AnnexureP/ 2) is taken note of, it is seen that it consists two parts, i.e., essential qualifications and the procedure to be followed for selection for the post of Panchayat Karmi in Gram Panchayats. As the Commissioner has only directed the Gram Panchayat concerned to adhere to the mandate of the Circular and take a fresh decision, it is not appropriate for this Court to interfere in the matter of remand. Accordingly, finding no case for interference on the grounds raised, the writ petition is dismissed.