ORDER :

1. The petitioners have filed this petition under Article 226 of the Constitution of India for correction/modification of provisional Selection List (Annexure P/1) and to issue appointment letter to the petitioners for the post of Shiksha Karmi Grade-II (Physical Education)

2. Brief facts, as projected by the petitioners, are that pursuant to the advertisement (Annexure P/4) dated 05.10.2009, the petitioners having requisite academic qualification i.e. B.P.Ed. and B.Ed. applied for the post of Shiksha Karmi Grade-II (Physical Education). According to the advertisement (Annexure P/4), for Shiksha Karmi Grade-II (Physical Education), the candidate must possess Bachelor of Physical Education (B.P.Ed.) degree in Second Division from any recognized university and the candidates having B.Ed. Degree would be given preference according to the rules. Accordingly, the petitioners participated in the said exam, which was conducted by Vyayshaik Shiksha Mandal, Raipur. Thereafter, on the basis of marks secured by the candidates, a select list (Annexure P/2) was issued from the office of Vyavshaik Shiksha Mandal, in which name of petitioners were shown at Sl. No. 11 and 14 respectively. Further, Chief Executive Officer of the Zila Panchayat, janjgir-Champa (C.G.) published a selection list, in which the petitioner No.1 was placed at Sl. No.6 and the petitioner No.2 was placed at Sl. No.10. Thereafter, on 15.05.2010, the petitioners were asked to appear along with their certificates before Govt. Higher Secondary School, Janjgir, to which they appeared and submitted all the documents, which were found to be correct. However, in the provisional selection list dated 11.06.2010 (Anneuxre P/1) issued by the respondent No.5/Chief Executive Officer, Zila Panchayat, Janjgir-Champa (C.G.), the name of the petitioners have not been shown/disclosed. Hence, this petition filed by the petitioners for following reliefs :-

“10.1 That, this Hon’ble Court may kindly be pleased to allow the writ petition and be pleased to make an order to direct the respondent to correct the provision list (Annexure P/1) and issue an appointment letter to the petitioners for (Saririk Shikshak) Shiksha Karmi Grade – II.

10.2 Any other relief, which this Hon’ble Court may deed fit and proper, may also be passed in favour of the petitioner together with cost of the petition.”

3. Learned counsel for the petitioners submit that the petitioners are qualified according to the rules and requirement for the appointment of the Shiksha Karmi Grade-II (Physical Education) and the selection list has been issued from the Vyavshaik Shiksha Mandal, Raipur, which shows that the petitioners had been selected according to rules. Further, they were also called to appear along with their documents. He further submits that in the list issued by C.E.O., Zila Panchayat, Janjgir-Champa (C.G.), the petitioners were placed at Sl. No.6 and 8 respectively, and the said list, according to the Chhattisgarh Panchayat Shiksha Karmi Rules, 2007, was final. He also submits that in a list (Annexure P/2) issued by the C.E.O., Zila Panchayat, Janjgir-Champa, the names of the petitioner have been shown to be selected, but in the provisional list issued by the same office, the names of the petitioners have been deliberately delisted, which is against the rule and shows unfairness on the part of the administration. He also submits that select list (Annexure P/1) is against the rules for the reason that the candidates who do not posses B.Ed. Degree have been illegally selected against the post of Shiksha Karmi Grade-II (Physical Education). Learned counsel further submit that Vyavshaik Shiksha Mandal, Raipur, had already selected the petitioners and issued a list, therefore, C.E.O., Janpad Panchayat, Janjgir-Champa had no power to change the selection of the petitioners, therefore, it is apparent that an unfairness has been done in the selection process. It is also submitted that it is settled in law that while p