Amit Kumar Mishra Versus State of Madhya Pradesh & others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

RP, 682 of 2018, Judgment Date: Aug 06, 2018

The scheme circulated by Madhya Pradesh State Employment Guarantee Council for appointment of Gram Rojgar Sahayak does not prescribe any condition that Gram Panchayat can add, modify or delete any of the conditions in the guidelines so framed and circulated. Though the Gram Panchayat is an independent juristic entity and third tier of governance but the funds are to be released by the State/M.P. Employment Guarantee Council. Therefore, the responsibility of the Gram Panchayat is to engage Gram Rojgar Sahayaks in terms of the scheme circulated in the year 2012 and the advertisement for employment can be issued only in terms of the scheme framed and not contrary to the scheme so formulated. Hence, the condition of Computer Efficiency Test introduced by the Gram Panchayat is not legally sustainable.

Amit Kumar Mishra Versus State of Madhya Pradesh & others