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2013 Supreme(SC) 1099

ANIL R.DAVE, A.K.SIKRI
Ravindra Singh – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates Appeared:
Mr. Atul Nanda, Senior Advocate, Ms. Rameeza Hakeem, Mr. Amol Suryavanshi, Mr. Priyadarshi Gopal (For M/s. Law Associates), Mr. Harsh Pathak, Mr. Farrukh Rasheed, Mr. Shailendra Sharma, Mr. Mohit Choubey, Mr. Sidharth Shukla, Mr. Aniruddha P. Mayee, Dr. R.R. Deshpande, Mr. Vikas Upadhyay, Ms. Praveena Gautam, Advocates with him, for the Appearing Parties.

JUDGMENT

A.K. SIKRI, J.

1. In the present Special Leave Petition, the petitioner challenges the impugned judgment and final order dated 12.3.2012 passed by the High Court of Chhattisgarh in Writ Appeal No. 101/2012 whereby the High Court has summarily dismissed the Writ Appeal of the Petitioner.

2. The core issue involved in the present petition is regarding inclusion of reserved category candidates in the unreserved category candidates list at the preliminary stage.

3. This issue revolves around Rule 3(i) of the State Service Examination Rules and the outcome depends on the interpretation and working of this Rule. Minimal but necessary facts which require mention are given below:-

The Respondent No. 2 namely Chhattisgarh Public Service Commissioner issued an advertisement dated 3.9.2008 inviting applications for filling up various posts in the State Administration. The selection procedure consisted of three stages namely Preliminary Examination, followed by Main Examination, and thereafter Interview. Petitioner belongs to the general category.

4. Preliminary examination of the candidates were held on 01.02.2009. Since further process was to be governed by Rule 3 of the Examination Rule




















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