Back
2023 Supreme(Chh) 53
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Narendra Kumar Vyas, J.
Shivendra Bahadur S/o Shri Hirendra Singh - Petitioner
Versus
State Of Chhattisgarh Through Its Secretary, Department Of Higher Education and ors. – Respondents
Writ Petition (S) No. 751 of 2021, WPS No. 884, 1014, 1195, 1293, 1305, 1372, 1377, 1452, 2067, 2148, 4242 of 2021, WPS No. 3797, 3855, 3862, 3864, 3936 of 2020
Decided On : 01-02-2023
For the Petitioner:Mr. Vinay Pandey, Mr. Shailendra Sharma, Mr. Rohit Sharma, Mr. Prateek Sharma, Mr. P. Acharya, Mr. Alok Kumar Dewangan, Mr. Anupam Sharma and Mr. Ghanshyam Kashyap, Advocates
For the Respondent:Mr. R.M. Solapurkar, Govt. Advocate, Mr. Anand Mohan Tiwari, Mr. Anuroop Panda on behalf of Mr. B.D. Guru, Advocates, Dr. Sourabh Pandey, Advocate
Headnote:
Constitution of India, 1949 – Article 226 – Service Commission – Power of High Court to issue Certain Writs – Petitioners in bunch of petitions have prayed for quashing of result of written examination for appointment to post of Assistant Professor in various teaching faculties on count that objections with regard to correctness model answer for English, Physics, Political Science, Home Science, Chemistry, Maths, Economics – Held, Legal position, it is crystal clear that if candidate is not having requisite qualification form, he cannot be allowed to participate in the selection process – Petitioners are not having requisite qualification they are not eligible to participate in selection process and they have rightly been denied by PSC – Writ Petitions are liable to be and are hereby dismissed.
ORDER :
1. Since an identical issue is involved in bunch of these cases, they are heard analogously and are being disposed off by this common order.
2. The petitioners in bunch of petitions have prayed for quashing of the result of written examination for appointment to the post of Assistant Professor in various teaching faculties on the count that objections with regard to correctness of the model answer for English, Physics, Political Science, Home Science, Chemistry, Maths, Economics, Commerce, Botany, Geography, Social Science, Geology, Computer Science, Biotechnology, Computer Application, Law, Microbiology, Biochemistry, Forestry, Information Technology and General Studies issued by the Public Service Commission (in short ‘PSC’) have not been considered.
3. Brief facts as reflected from the petitions are that the PSC has issued an advertisement on 23.1.2019 vide Advertisement No. 02/2019/ Pariksha/ Dated 18.1.2019 for appointment to the vacant posts of Assistant Professor in different faculties. The brief discussion of the petitioners and their challenge are given as under:
WPS NO. 751/2021: The petitioner has raised objection about question Nos. 5, 12, 19, 28, 46 of the “ General Knowledge Of Chhattisgarh” Set-A and question Nos. 25, 28, 37, 71, 73, 89 of “ Geography” Set-C.
WPS NO. 884/2021: The petitioner has raised objection about question Nos. 22, 32, 39 of the “General Knowledge Of Chhattisgarh” Set-D.
WPS NO. 1014/2021 : The petitioners have raised objection about question Nos. 5, 12, 19, 27, 28, 31, 38, 39, 40, 45, 46, of the “ General Knowledge Of Chhattisgarh” Set-A and question No. 62, of “ Physics” Set-A, question No. 7 of “ sociology” Set- C. The petitioners have also submitted that 22 questions were deleted out of total 100 questions by PSC for physics subject and 41 questions out of 100 questions have been wrongly prescribed in English words in Hindi Devnagri Lipi. The petitioners who have participated for Assistant Professor Hindi raised objection with regard to question No. 50, 79, 92, 96 of Set A. The petitioners who have participated for Assistant Professor History has raised objection with regard to question No. 20, 24, 89 of the Set D.
WPS NO. 1195/2021 : The petitioner has raised objection about question Nos. 5, 26, 36 and 42 of the “ General Knowledge Of Chhattisgarh” Set-B and question Nos. 4, 22 and 71 of “ Hindi” Set-B.
WPS NO. 1293/2021 : The petitioner has raised objection about question Nos. 32 of the “General Knowledge Of Chhattisgarh” Set-D about question Nos. 10,19,49, 50, 51,56, 70, 95 of “Commerce” Set-D.
WPS NO. 1305/2021 : The petitioner has raised objection about question Nos. 10, 19, 34, 50, 73, 79, 91, 92, 97 of “Political Science” Set-A.
WPS NO. 1372/2021 : The petitioner has raised objection about question Nos. 75 and 76 of “Economics” Set-C.
WPS NO. 1377/2021 : The petitioner has raised objection about question Nos. 5, 12, 29, 31, 39, 40 and 46 of the “General Knowledge Of Chhattisgarh” Set-A and about question Nos. 1, 3, 26, 35, 36, 42, 43, 45, 52, 56, 67, 72, 74, 86, 90 of “ Political Science” Set-B.
WPS NO. 1452/2021 : The petitioner has raised objection about question Nos. 9, 10 of the “General Knowledge Of Chhattisgarh” Set-C about question No. 4 (deleted), 26, 72, 82, 86 of “Political Science” Set-B. According to the petitioner question No. 32 ought to have been deleted.
WPS NO. 2067/2021 : The petitioner has raised objection about question Nos. 11, 13, 19, 21, 46, 47, 49, 58, 59, 62 of the “Sociology” Set-B. According to the petitioner in these questions there is difference between English and Hindi version.
WPS NO. 2148/2021 : The petitioner has raised objection about question Nos. 22, 43, 63, 74 of “Physics” Set-A.
WPS NO. 4242/2021 : The petitioner has raised objection about question Nos. 12, 19, 46 of the “General Knowledge Of Chhattisgarh” Set-A.
WPS No. 3797/2020, WPS No. 3855/2
