- (1.) Aggrieved of the inaction of the State-respondents in absorbing the petitioner on the post of 'Gram Sewak', in Panchayat Raj Institution though he is in possession of the required educational qualification of Secondary School Examination; the petitioner has instituted the instant writ application, praying for the following relief(s): "(i). By an appropriate writ, order or direction the respondent department may kindly be directed to produce entire record relating to the present case before this Hon'ble High Court for its kind perusal. (ii). By an appropriate writ, order or direction the respondents may kindly be directed to absorb the petitioner on the post of Panchayat Secondary/Gram Sewak in Panchayat Raj Institution as he is having the qualification of Secondary School Examination. (iii). Any other suitable order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (iv). Cost of the Writ Petition may also be awarded in favour of the petitioner."
(2.) Briefly, the skeletal material facts necessary for appreciation of the controversy are that the petitioner after having acquired the qualification of Secondary School Examination from the Board of Secondary Education, Rajasthan, Ajmer, was accorded appointment on the post of 'Nakedar' at Octroi Post Gram Panchayat Banpavar Kalan on 5th March, 1997. As a consequence of abolition of Octroi in Municipalities of Rajasthan, the surplus employees were to be absorbed against the vacancy of Panchayat Secretary/Gram Sewak in Panchayat Raj Institutions, as a policy decision taken by the State Government. Since the petitioner was not in possession of the qualification of Higher Secondary School Examination, his name was not included in the list of surplus employees for absorption. However, the State Government relaxed the educational qualifications as contemplated under Rule 265, 266 and 270 to 273 of the Panchayat Raj Rules, 1996, and declared eligible all the surplus candidates for absorption in Panchayat Raj Institution, who were in possession of qualification of Secondary School Examination. However, the petitioner has not been absorbed and has been accorded a different treatment for no reason or ryhme.
(3.) Learned counsel for the petitioner reiterating the pleaded facts and grounds of the writ application emphasized that the factum of relaxation of educational qualification is fortified in view of the communication dated 5th December, 2000, with reference to the case of one Shri Dilip Kumar, Nakedar, who too was in possession of similar educational qualification of Secondary School Examination and has already been absorbed.;