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2023 Supreme(Chh) 113

ARUP KUMAR GOSWAMI, NARENDRA KUMAR VYAS
Abhay Kumar Kispotta, S/o. Shri J. S. Kispotta – Appellant
Versus
State of Chhattisgarh, Through Its Secretary Department of Medical Education – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ghanshyam Kashyap.
For the Respondents:Mr. Gagan Tiwari, Dy. Govt. Advocate, Mr. Anand Mohan Tiwari.

JUDGMENT :

Narendra Kumar Vyas, J.

1. Since common question of law and facts are involved in both the writ petitions, they were heard analogously and are being disposed of by this common order.

2. The petitioners have preferred these petitions assailing legality and constitutional validity of impugned Note-2 prescribed in Scheduled-III of the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 (hereinafter referred to as " Rules of 2013") by which only female candidates are made eligible for direct recruitment to the posts of Demonstrator and Assistant Professor in Nursing Colleges. The petitioners have also challenged Clause-5 of the advertisement dated 08.12.2021 issued by Public Service Commission (Annexure P/2) for direct recruitment in the service by which only female candidates are made eligible.

3. The brief facts as reflected from the records are that the impugned advertisement was published by the Chhattisgarh Public Service Commission, Raipur on 08.12.2021 for filling up various posts of Assistant Professor (Nursing) and Demonstrator for different subjects and as per Clause-5 of the advertisement only female candidates are eligible for recruitment and ap

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