Rohit S/O Dnyaneshwar Dhadade v. Zilla Parishad, Yavatmal Thr. Its Chief Executive Officer And Another

2026:BHC-NAG:1184-DB 1 J-WP No.2788.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

Rohit S/o Dnyaneshwar Dhadade, Aged about 26 years, R/o.Mangasa, Tah. Saoner, District Nagpur.

Occupation: Nil, ....

PETITIONER // VERSUS // 1) Zilla Parishad, Yavatmal, Through its Chief Executive Officer, Arni Road, Tq. & Dist. Yavatmal.

2) Block Development Officer, Panchayat Samiti Kalamb, Tah. Kalamb, District-Yavatmal.

.... RESPONDENT S ----------------------------------------------------------------------------- Shri A.R.Ingole Adv. for the petitioner.

Mrs. Sonali Saware Adv. for the respondent No.1. ------------------------------------------------------------------------------ CORAM :

SMT.

. M. S. JAWALKAR AND NANDESH.S.DESHPANDE , JJ .

DATE O N RESERVING THE JUDGMENT : 16 .01 .202 DATE ON PRONOUNCING THE JUDGMENT : 19.01.2026 JUDGMENT : (Per - Smt.M. S. JAWALKAR, J.) 1.

Heard.

2.

Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.

2 J-WP No.2788.2025.odt 3.

The grievance of the petitioner is that despite being duly selected and appointed as Gram Sevak (Contractual) under the SC category by Zilla Parishad, Yavatmal, he has been prevented from joining the post. This inaction has caused hardship and compelled him to approach this Court. 4.

The petitioner asserts to be fully qualified, having cleared the online examination and possessing all required educational qualifications, including S.S.C., H.S.C., Diploma in Agriculture, Graduation in Agriculture, and MS-CIT. He applied on 25.08.2023, was selected from the SC category and the appointment order was issued by the respondent on 14.10.2024. 5.

The petitioner contended that he submitted his joining letter on 18.10.2024, but initially was not allowed to join because the MS-CIT certificate was not submitted at the time of verification. He obtained and submitted the certificate on 27.02.2025, fulfilling all requirements for the said post. Despite this, the petitioner's joining continues to be denied. Such refusal is arbitrary and contrary to law, as it disregards his selection and compliance with the stipulated conditions.

3 J-WP No.2788.2025.odt 6.

Furthermore, it is contended that the petitioner has repeatedly requested the Authorities to allow him to join the post, including communications dated 28.02.2025, but no action has been taken, leaving him no option but to seek judicial intervention. The petitioner submits that allowing him to join the said post pending the decision of this petition will cause no prejudice to the respondents and is necessary in the interest of justice.

7.

On the contrary, the respondent No.1 submits that the post of Gram Sevak (Contractual) required mandatory computer education (MS-CIT) as per Government Resolutions dated 04/02/2013 and 08/01/2018. The petitioner, while applying online, stated that he possessed the required qualification in computer education, but failed to submit the required MS-CIT certificate. He was given an opportunity to clarify on 28/10/2024, but did not provide the required documents.

8.

Further, guidance regarding the petitioner's eligibility was sought from the Government on 07/11/2024, but no reply was received. In view of the Rules, Government Resolutions, and

4 J-WP No.2788.2025.odt Condition No.23 of the selection order, the respondents decided not to issue selection order to the petitioner, and therefore, the petition is without merit and does not warrant interference. 9.

Heard learned counsel for both the parties at length, carefully examined the pleadings and documents placed on record by the respective parties.

10.

It is admitted fact that advertisement was issued in the year 2023, for filling up the post of Group-C by direct recruitment, on the post of Gram Sevak (Contractual), the petitioner was having requisite qualification and appeared for on-line examination for the post of Gram Sevak (Contractual). He was duly selected and appointment order was issued in his favour on 14/10/2024, posting him at Panchayat Samiti Kalam, District Yavatmal. On 18/10/2024, when the petitioner went to join his duties, the respondent No.2-Block Development Officer, Panchayat Samiti Kalam did not allow petitioner to join the services as Gram Sevak (Contractual) for the reason that the petitioner did not possess the certificate of MS-CIT.

5 J-WP No.2788.2025.odt 11.

The learned counsel for the petitioner drew our attention to the advertisement, specifically educational qualification and experience for the respective posts, in clause 7 Post at Sr.No.6 educational qualification and experience are mentioned (Page-28). Similarly, there is specific clause, wherein general eligibility is mentioned, under the caption lax.kd vgZrk (computer qualification), which reads as follows: v-Ø- LkkekbZd vgZrk rif'ky 11⁄2 lax.kd vgZrk कंत्राटीग्रामसेवकवपशुधनपर्यवेक्षकपदासाठीशासननिर्णयय] माहितीतंत्रज्ञान1⁄4 सा-प्र-वि-1⁄2 क्र-मातंस&२०१२@प्र-क्र-२७७@३९] दि- ०४@०२@ २०१३मध्ययेनमूदकेल्ययानुसारसंगणणक@ माहिती तंत्रज्ञानविषययकपरीक्षाउत्तीर्णअसणणेआवश्ययकआहे- परंतूइतर पदांसाठीसंगणणकअर्हतापरीक्षाउत्तीर्णनसल्ययास] शासननिर्णयय] सामान्यय प्रशासनविभागक्र-प्रशिक्षणण&२०००@प्र-क्र-६१@२००१@ ३९] दि-१९@०३@ २००३नुlk रसंगणणकाचीअर्हतानियय ुक्तीच्यया दिनांकापासून२1⁄4 दोन1⁄2 वर्षाच्ययाआतप्राप्तकरणणेआवश्ययक राहील12.

In the above computer qualification, there is reference of GR dated 04/02/2013, wherein it is resolved by the Government that if any candidate is having subject computer, information and technology in standards 9th and 10th as well as the candidate in 11th and 12th having subject information, technology, computer science, computer technique and multimedia and internet technology, they will be treated as having eligibility of computer i.e. MS-CIT.

6 J-WP No.2788.2025.odt 13.

The learned AGP in reply submitted that the petitioner has not produced requisite documents. It is also submitted that the Chief Executive Officer has sought guidance regarding the eligibility of the petitioner to the Upper Secretary, General Administration Department (Information Technology). However, the Chief Executive Officer has not received reply to this communication. The learned counsel for the petitioner brought our attention to the provisional statement of marks issued by the Maharashtra State Board of Technical Education, which he has cleared on 17/12/2024. He has also drawn our attention to the form which he has submitted wherein educational qualification is mentioned as SSC, HSC, Diploma in Agriculture and Graduation in Agriculture. The subject chosen for SSC clearly goes to show that Marathi, Hindi, English, Maths, Science, Social Science and ICT.

14.

In view of the advertisement, it appears that he is holding requisite qualification of computer and therefore, eligible to be appointed as Gram Sevak (Contractual). Once appointment order is issued, there is no stage of document verification. However, even if the respondent-Authorities to verify the documents at any rate, the petitioner ought not to

7 J-WP No.2788.2025.odt have restrained from joining his post. Moreover, from the advertisement and requisite qualification, it appears that the petitioner is duly qualified to be appointed as Gram Sevak (Contractual). In view of above discussion, the petition is allowed.

15.

The respondent No.1-Chief Executive Officer, Zilla Parishad Yavatmal and respondent No.2-Block Development Officer, Panchayat Samiti Kalam are hereby directed to allow the petitioner to join the post of Gram Sevak (Contractual) in pursuance of the appointment order dated 14/10/2024. 16.

The petitioner to appear before the respondent No.2Block Development Officer, Panchayat Samiti Kalam, District Yavamal on 27/01/2026 at 10.00 am for joining his duties. 17.

Rule is made absolute in the above terms. No costs. (NANDESH.S.DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) KHUNTE Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 26/01/2026 15:33:14