The first bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu made the observation following a plea which said that the earlier selection list for undertaking certain work under MGNREGA in Perambalur district was annulled based on a previous petition that the list was flawed. However, the new selection list issued by the Perambalur District Collector was equally flawed, the petition contended.
Noting that the writ court should not ordinarily go into disputed facts and at any rate it may not be convenient for the court to assess whether a particular person was entitled to be included in the list of beneficiaries or another ought to have been included instead, the bench allowed the petitioner to carry a detailed representation to the Perambalur Collector indicating the grievances or possible grounds of disqualification of the individuals named in the selection list.
“The petitioner should not make any vague or general allegation, but should indicate specifics pertaining to individuals. Such representation may be carried to the District Collector within a period of three weeks,” the bench held.
The bench directed the Collector to inquire into the grounds indicated by the petitioner and, upon notice to the persons likely to be affected by the Collector’s order, take immediate appropriate steps in accordance with law so as to ensure that unworthy candidates were not selected ahead of those more deserving in accordance with the relevant parameters.
“The reasoned decision of the Collector on the petitioner’s representation should be reached to the petitioner within 10 weeks,” the bench added.