Bhagaban Bihari And Others vs Union Of India And Others

Arindam Sinha, J

Mr. Dalai, learned advocate appears on behalf of petitioners and submits, his clients have been engaged to work as Mates (Gaon Sathis), in implementation of the central scheme by the State Government. However, they being apprehensive about their engagement, have joined together to challenge Comprehensive Guidelines for Engagement of Women Mates dated 19th August, 2020 issued by the Government of Odisha, Panchayati Raj and Drinking Water Department. He draws attention to first paragraph in the guidelines to submit, decision of the State Government reflected therein is to create a panel of women mates in each revenue village. This goes against the central guidelines issued in respect of the scheme. He draws attention to clause 4.1.2 in Operational Guidelines, 2013 (4th edition) in respect of Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) to submit, sub-clause (ii) under clause 4.1.2 only provides for priority to be given to women and differently abled. State issuing guidelines for filling up the posts by women only cannot be sustained. Hence, the challenge.

Mr. Das, learned advocate, Additional Standing Counsel appears on behalf of State and draws attention to disclosure in the counter being extract from MGNREGA, Annual Master Circular clause(a) at page 23 of the counter to submit, the central guidelines require at least 50% of the worksite supervisors (mates) as should be women.

Sub-clause (ii) under clause 4.1.2 in aforesaid central guidelines of 2013 require preference should be given to most deserving families and priority should be given to women and differently abled. Preference comes into operation when there are two or more families in the fray and other things being equal, the most deserving would get preference. Priority would mean engagement to be given first to women and differently abled. Be that as it may, the comprehensive guidelines reflect decision of the State Government to create a panel of women in each revenue village. Creating a panel does not mean appointment or engagement. From the panel, appointments are to be made. That does not mean that appointments will thereby be of women only.

With above observations, the writ petition is disposed of.

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