Smt. Saraswati Soni v. State of MP & Ors

Smt. Saraswati Soni Vs. State of MP and two others Annexure P/4 dated 1.8.1998 petitioner was appointed based on a resolution passed by the Nagar Panchayat – respondent No.1, bearing Resolution No.29 dated 30.6.1998. Grievance of the petitioner is that even though respondent No.3 had not applied for appointment on the post of Shiksha Karmi Grade III, but he was a candidate, who had applied for appointment on the post of Shiksha Karmi Grade II, but he filed an appeal before the competent appellate authority under section 308 of the MP Municipalities Act, 1961 and as the appeal was allowed by the Collector, petitioner has filed this writ petition. It is pointed out that initially against the impugned order passed by the Collector as contained in Annexure P/6 dated

22.11.2001, petitioner preferred a revision before Commissioner, but on the ground that under the MP Shiksha Karmis (Recruitment and Conditions of Service) Rules, 1998 no revision is provided, the revision has been dismissed and, therefore, this writ petition. Shri T.S. Ruprah, learned Senior Advocate, emphasized that in this case the Collector has unnecessarily interfered with the matter. The post advertised was a post of Shiksha Karmi Grade III and the petitioner had sought appointment on a post reserved for woman candidate under the OBC category. Respondent No.3 was not a contestant or applicant for this post, he was an applicant for appointment on the post of Shiksha Karmi Grade II and inspite of these facts, interference has been made by the Collector in an arbitrary and an illegal manner. Interalia contending that the post as was advertised has been 3 Smt. Saraswati Soni Vs. State of MP and two others filled up in accordance to Rules by a proper candidate, the act of the Collector in interfering with such a reasonable order according to Shri Ruprah was not proper and, therefore, he seeks interference into the matter mainly on the ground that petitioner has been properly appointed, there was no illegality and, therefore, the challenge made should have been rejected. I have heard learned counsel for the parties at length and perused the records. On the face of it and on considering the submissions of Shri T.S. Ruprah, learned Senior Advocate, everything seems to be proper with the appointment of the petitioner and it may also be correct that respondent No.3 was not a claimant for the post for which the petitioner had applied, but on a close scrutiny of the reasons given by the Collector in the impugned order and the factors which weighed with the Collector for interfering with the selection in question, indicates serious infirmities in the selection process and, therefore, I am of the considered view that a totally illegal selection conducted has been interfered with by the Collector and such an illegality cannot be precipitated by allowing this writ petition. From the material that has come on record and on a close scrutiny of the order passed by the Collector, it is seen that the Collector called for the entire original records of selection and found that petitioner is the wife of Shri Santosh Kumar Soni, who an elected councilor of Nagar Panchayat Kothi and he was also a Member of the Education Committee, which was responsible for filling up the post in question. As per the roster 4 Smt. Saraswati Soni Vs. State of MP and two others and the vacancies available for recruitment, one post of Shiksha Karmi Grade II belonging to the scheduled caste category and reserved for a woman candidate was available in the Nagar Panchayat. Action was to be taken for filling up this post by a scheduled caste woman. However, the Education Committee of the Nagar Panchayat took up the matter and passed a resolution on 4.2.1997 before issuing the advertisement and converted the post from a scheduled caste post for woman to a post for OBC woman category. The earlier resolution passed by Committee on 13.1.1997 reserving the post for a member of the scheduled caste community was converted. Thereafter, the Collector found that the aforesaid conversion of the post was undertaken only to give undue advantage to the petitioner and for doing so, her husband Shri S.K. Soni, who was an elected representative and a member of the Education Committee, misused his office and as a result of this resolution dated

4.2.1997 the entire reservation roster was changed and was violated. It was found that the reservation of seat for an OBC woman candidate was contrary to the reservation roster. Thereafter, the Collector also found that there were certain irregularities in the process of selection and finding the entire action to be vitiated due to involvement of petitioner’s husband, the entire selection has been quashed. In doing so, I am of the considered view that the Collector has not committed any error, which warrants interference in these proceedings under Article 227 of the Constitution. The petitioner is wife of an elected councilor and 5 Smt. Saraswati Soni Vs. State of MP and two others it is seen that the entire reservation roster and the rules of reservation was violated for converting the post to meet the requirements of the petitioner and to get her selected somehow. Such glaring illegalities being detected by the Collector does not call for any indulgence in these proceedings. Accordingly, finding no merit the writ petition is dismissed. Aks/- (RAJENDRA MENON) J U D G E