LAWS(MPH)-2010-12-24

ARVIND SINGH Vs. STATE OF M P

Decided On December 02, 2010
ARVIND SINGH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) PETITIONER has filed this petition against the order dated 30.5.2009, Annexure P-1.

(2.) THERE was a post of Panchayat Karmi vacant in Gram Panchayat, Sirmiti, district Morena. Gram Panchayat failed to appoint the Panchayat Karmi. The Collector vide order dated 10.1.2008 directed the Chief Executive Officer, Janpad Panchayat, Morena, to appoint a Panchayat Karmi at Gram Panchayat, Sirmiti.THEREafter, the Chief Executive Officer, Janpad Panchayat, Morena selected respondent No. 3, Mr. Dharmendra Kumar, to the post of Panchayat Karmi and appointed him on the aforesaid post. One Kumari Priyanka, Chandela challenged the order of appointment of respondent No. 3 as Panchayat Karmi before the Commissioner by way of filing an appeal. The Commissioner remanded the matter back to the Collector with a direction to record a finding that whether the qualification of Prathama examination of Hindi Sahitya Sammelan, Allahabad is equivalent to Class 10 examination or not? The Collector vide impugned order held that the qualification or Prathma obtained by respondent No. 3 from Hindi Sahitya Sammelan, Allahabad is equivalent to Class-10 and on the basis of aforesaid qualification the appointment of respondent No. 3 to the post of Panchayat Karmi is as per law.

(3.) FROM the aforesaid, it is clear that the Hindi Sahitya Sammelan, Allahabad is not a recognized institution. Aprt from this, the certificate of Prathma issued by the Hindi Sahitya Sammelan, Allahabad could not be said to be equivalent to Class-10 under 10+2 system, which is a necessary qualification for the purpose of appointment to the post of Panchayat Karmi.