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2025 DAILYLAW 129033 (ALL)

UTTAM KUMAR AND 11 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. RURAL DEVELOPMENT DEPTT. LKO. AND 3 OTHERS

WRIA/3045/2025 · 2025-03-26

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17448 Court No. - 3 Case :- WRIT - A No. - 3045 of 2025 Petitioner :- Uttam Kumar And 11 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Rural Development Deptt. Lko. And 3 Others Counsel for Petitioner :- Amrendra Nath Tripathi,Vineet Kumar Bajpai Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioners and Sri Sanjeev Singh, learned counsel for the respondent nos. 1 to 4. The order under challenge is the order dated 27.11.2025 passed by the District Magistrate, Bahraich cancelling the selection of Block Resource Person for the year 2023–2025 on the basis of joint enquiry report, which indicates that some of the Block Resource Person have been given weightage wrongly inasmuch as those persons were not eligible to get weightage. Sri Amrendra Nath Tripathi has stated that out of 12 petitioners, there is nothing adverse against nine petitioners and so far as other three petitioners are concerned, those petitioners may demonstrate that the allegation so levelled against them is factually incorrect, but the aforesaid impugned order has been passed without affording opportunity of hearing or issuing show cause notice, therefore, those petitioners could not defend themselves. Attention has been drawn towards Annexure No. 3, which is a DO dated 6th February 2025 issued to all District Magistrate except Ghaziabad and Gautam Budh Nagar, wherein, vide paragraph no. 3, it has been indicated that the 25 marks would be allotted for interview and who are having experience of one year for BRP (Block Resource Person) would be given 2.5 marks and who are having experience of two years would be given five marks. Sri Tripathi has stated that the present petitioners have discharge the functions of Block Resource Person for about two years, therefore, for the subsequent selection, they would be provided 2.5 marks/5 marks as weightage, but if the entire selection is cancelled, they may likely to be debarred from such weightage mark. Shri Tripathi has stated that the period of assignment of the present petitioner would be expiring on 31st March 2025, thereafter, the fresh selection for Block Resource Person may likely to be undertaken. Sri Sanjeev Singh, learned Standing Counsel has stated that as per the notification in question dated 06.02.2023, pursuant to which the petitioners were assigned the job of Block Resource Person, it has been categorically indicated in paragraph 3 that the services of those persons may be dispensed with without any notice and the petitioners have accepted such condition at the time of joining, therefore, they may not claim any opportunity of hearing before passing the order dispensing with the service of the petitioners. So far as the claim of the of those petitioners are concerned against whom no irregularity has been pointed out, may prefer a representation to the District Magistrate, Bahraich ventilating their grievance and their grievance may be redressed by speaking order. So far as other petitioners are concerned against whom such some irregularities have been pointed out, Sri Sanjeev Singh has stated that only on account of pointing out of any irregularity, they may not be debarred to appear in any future selection but so far as the weightage point are concerned, it would be the sole prerogative of the competent authority, as the appropriate decision would be taken strictly in accordance with law and the scheme under which the Block Resource Persons are appointed. Having heard learned counsel for the parties and having perused the material available on record, since, the period of assignment of Block Resource Persons at Bahraich would be expiring on 31st March 2025, but the same selection has been cancelled vide order dated 27.02.2025 assigning the reason, therefore, I do not interfere in the impugned order dated 27.02.2025. However, the petitioners against whom no irregularity has been pointed out may prefer a representation to the District Magistrate, Bahraich, taking all pleas and grounds which are available to them within a period of 7 days and appropriate decision may be taken by the authorities concerned within 15 days strictly in accordance with law and also as per scheme. While passing fresh order, the District Magistrate, Bahraich shall also take decision as to whether those petitioners would be given the weightage mark as per the order of the Director Social Audit, U.P. vide order dated 6th February 2023 (Annexure No. 3) and decision thereof shall be intimated to the petitioner forthwith. Accordingly the writ petition is disposed of. Order Date :- 26.3.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench