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2023 Supreme(Chh) 130

IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
NARENDRA KUMAR VYAS, J.
Himshikha Sahu D/o Mukund Sahu – Appellant
Versus
Chhattisgarh Public Service Commission - Respondents
WPS No. 1885 of 2016
Decided on : 06-05-2023

Advocates:
Advocate Appeared:
For the Appellant :Ms. Sharmila Singhai, Sr. Advocate along with Mr. Prakash Kediya, Advocate
For the Respondent:Mr. B.D. Guru, Advocate with Mr. Anuroop Panda, Mr. Kunal Das, Mr. Vivek Verma, Advocate

Headnote:

MP/Chhattisgarh Civil Services (Special Provisions for appointment of Women) Rules 1997 - Advertisement - Appointment on post - Reservation of post for women candidate - Petitioner filed petition with a prayer that a writ in nature of mandamus be issued directing respondents to provide reservation of one post for OBC (women) candidate on post of Deputy Collector in advertisement - Held, Court has asked learned Sr. counsel for petitioner what is merit position of petitioner - According to her, petitioner stood at Sr. No. 29, as such, it is quite vivid that petitioner does not find place in merit position, as such she has no locus standi to challenge appointment of respondent No.3 - Considering fact that how respondent No. 3 can be granted equitable relief as he was deprived from last 7 years to work as Dy. Collector because of no fault of respondent No.3 - It is directed respondent No.3 shall be given seniority from date his next senior has been appointed on post of Dy. Collector - Petition dismissed.

JUDGMENT :

1. The petitioner has filed the present writ petition with a prayer that a writ in the nature of mandamus be issued directing the respondents to provide reservation of one post for OBC (women) candidate on the post of Deputy Collector in advertisement dated 17.12.2014. Subsequently, the prayer clause was amended and it has also been prayed for quashing of selection of respondent No.3 on the post of Dy. Collector as OBC candidate (Sr. No. 10).

2. Facts of the case in brief are that the respondent No. 1 had issued an advertisement for appointment of officers on different posts of the State Civil Services including the post of Deputy Collector. It is contended that in the advertisement total 21 posts for appointment on the post of Dy. Collector were advertised in which 9 posts for unreserved for candidates, 2 posts for Scheduled Caste Category, 7 posts for Scheduled Tribe Category and 3 posts for backward class category were reserved. It is further contended that reservation has been provided as per the reservation policy prevailing in the State of Chhattisgarh. The advertisement further provides that 2 posts are reserved for Unreserved Women Category candidates and 2 posts for Women belonging to the Scheduled Tribe Category. But no posts of OBC (Women) have been provided for appointment on the posts of Dy. Collector which is violation of Women Reservation Rules, 1997. Hence, this petition for direction to the State to provide reservation of one posts for OBC Woman candidates on the post of Dy. Collector in the advertisement dated 17.12.2014.

3. The Public Services Commission has filed their return in which they have annexed distribution of vacancies for various category of women to substantiate that they have complied with the Women Reservation Rules 1997. The PSC has annexed the chart to demonstrate how they have calculated the vacancies for women reservation which reads as under:-

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¼1½

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9

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7

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4. As per the advertisement, total 21 posts were advertised out of which 9 posts were for unreserved candidates out of which as per women reservation Rules 30% posts have to be reserved for unreserved women which comes to 2.7. Similarly for Scheduled Caste 2 posts was advertised, 30% posts have to be reserved for Scheduled Caste women which comes to 0.6. Likewise, for Scheduled Tribe 7 posts was advertised, 30% posts have to be reserved for Scheduled Tribe Women which comes to 2.1 and for Other backward class 3 posts was advertised, 30% posts have to be reserved for OBC women which comes to 0.9.

5. The chart would demonstrate that PSC has adopted uniform pattern by ignoring the fractions. It has also been contended that State vide its letter dated 06.12.2014 (Annexure R/1-1) has intimated the PSC that the reservation of the post should be kept on the basis of percentage and the Rules of rounding off will not be applicable while treating the post reserved for reserve categories. To substantiate his submission that principle of round off is not applicable in reservation has referred the judgment passed by the Coordinate Bench of this Court in bunch of cases in WP No. 599 of 2005 and other connected petitions wherein the Coordinate Bench has held in paragraph 19.1 of its judgment which reads as under:-

19.1 Learned Counsel for the private respondent submit that 30% of two would come to 0.6, which i

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