Preeti Gurjar v. State Of Chhattisgarh And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 492 of 2015

1. Preeti Gurjar D/o Shri Prasad Gurjar Aged About 22 years R/o Village Kharra P.S. & Tehsil Odgi Distt. Surajpur ( C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary , Department Of Panchayat and Rural Development, Mahanadi Bhawan, New Raipur, District Raipur ( C.G.)

2. Chief Executive Officer Zila Panchayat Surajpur Distt. Surajpur ( C.G. )

3. Chief Executive Officer Janpad Panchayat - Odgi District Surajpur ( C.G.)

4. The Village Panchayat Masanki Through The Secretary Village Panchayat Masanki Tehsil Odgi Distt. - Surajpur ( C.G.)

5. Smt. Geeta W/o Agar Sai Aged About 22 Years R/o Vill - Thargi P.S. & Tahsil Odgi Distt - Surajpur ( C.G.) ---- Respondent And WPS No. 495 Of 2015

1. Prince Gurjar S/o Shiv Prasad Gurjar Aged About 19 years R/o Village Kharra P.S. & Tehsil - Odgi Distt - Surajpur ( C.G.) ---- Petitioner Vs

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, New Raipur, District Raipur ( C.G.)

2. Chief Executive Officer Zila Panchayat Surajpur Distt. Surajpur ( C.G. )

3. Chief Executive Officer Janpad Panchayat - Odgi District Surajpur ( C.G.)

4. The Village Panchayat Masanki Through The Secretary Village Panchayat Kharra Tehsil Odgi Distt. - Surajpur ( C.G.)

5. Rishiraj Gurjar S/o Bijendra Gurjar Aged About 22 Years R/o Vill - Asura P.S. & Tehsil - Odgi Distt - Surajpur ( C.G.) ---- Respondent For Petitioners Shri A.N. Pandey, Advocate For Respondent/State Shri P.K. Bhaduri, Govt. Advocate For Private respondents Shri R.S. Baghel & Shri S.R. Sinha, Advocates Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 07/05/2015 Heard learned counsel for the parties.

1.

Petitioners have preferred these writ petitions seeking quashment of the appointment of the private respondents on the post of Data Entry Operator on the ground that in the selection process petitioners' candidature has wrongly been rejected.

2.

Appointment on the post of Panchayat Assistant-cum-Data Entry Operator is governed under the scheme framed by the State Government.

3.

In the opinion of this Court, non consideration or rejection of candidature of a candidate would also be a ground for challenging the recruitment process/appointment made on the subject post for which an alternative remedy is provided under the guidelines issued by the State Government wherein clause 15 provides for an appeal under the provisions of the Chhattisgarh Panchayat Raj Adhiniyam, 1993. Thus, the

petitioners have an efficacious alternative remedy to raise their grievances.

4.

Accordingly, both the writ petitions are dismissed. However, liberty is granted in favour of the petitioners to avail the alternative remedy within a period of one month from today. If the petitioners prefer the appeal within the stipulated period, the appellate authority shall consider and decide the same, in accordance with law and on its own merits, as early as possible preferably within a period of three months from the date of submission of appeal by the petitioner.

5.

It is made clear that this Court has not expressed any opinion on the merits of the case and the appellate authority shall decide the appeal, on its own merits, strictly in accordance with law, without treating any observation made in this order, as opinion on the merits of the case. J u d g e Gowri