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2021 Supreme(Chh) 227

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
Praveen Kumar Rajak S/o. Shri Lakhan Lal Rajak – Appellant
Versus
State of Chhattisgarh, Through, The Secretary, Public Works Department – Respondent


Advocates Appeared:
For the Appellants : Shri Prateek Sharma, Shri Anupam Sharma, Shri Nishant Bhanushali.
For the Respondents:Shri Vikram Sharma, Deputy Government Advocate, Shri Animesh Tiwari, Shri Ghanshyam Kashyap, Shri Sachin Singh Rajput and Shri Sharad Mishra, Shri Prafull N Bharat.

JUDGMENT :

P.R. Ramachandra Menon, J.

1. Whether higher qualification presupposes lower qualification always, is the basic question mooted for consideration. The answer given in the 'positive' by the learned Single Judge, dismissing the writ petition challenging the proceedings pursued contrary to the rules and advertisement, relying on the dictum in Jyoti K.K. & Others v. Kerala Public Service Commission & Others {(2010) 15 SCC 596}, is put to challenge in this appeal, placing reliance on the subsequent ruling rendered by the Apex Court in State of Punjab v. Anita & Others {(2015) 2 SCC 170} and Zahoor Ahmad Rather & Others v. Sheikh Imtiyaz Ahmad & Others {(2019) 2 SCC 404} where the earlier decision Jyoti K.K. & Others (supra) has been discussed and distinguished.

2. The sequence of events shows that the Public Works Department (for short 'the PWD') and the Geology and Mining Department (1st and 2nd Respondents), joining hands with the Panchayat & Rural Development Department, issued a combined recruitment Notification vide Annexure A/2 dated 08.02.2018 for filling up the posts of Draughtsman/Assistant Draughtsman (Civil) specifying the eligibility conditions, particularly, the qua

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