ORDER :

1. The petitioner has filed the instant writ petition assailing the order dated 24-4-2018 (Annexure P/1) passed by the Commissioner, Surguja Division, Ambikapur, in Panchayat Appeal No. 13-b/121/2017-2018 by which the appeal of the petitioner against rejection of representation by Chief Executive Officer, Jila Panchayat Jashpur dated 09.04.2018 for appointment on the post of Teacher (Panchayat) (English) has been rejected.

2. The brief facts as reflected from the record are that the District Panchayat Jashpur has conducted proceedings for appointment on the post of Teacher (Panchayat) vide advertisement dated 28.07.2016. The petitioner applied for Lecturer (English). The CEO after verification of the records has prepared the merit list directing calling for verification of the records. The petitioner being woman and belongs to Scheduled Caste as such the CEO has called six candidates for verification in 2X3 ratios. The name of the petitioner is at serial No. 3 and vide memo dated 07.11.2016 she was directed for verification of records and appeared on 16.11.2006.

3. After verification the CEO District Pancahyat Jashpur has issued order for appointment on 10.03.2017 and 29.04.2017 wherein the name of the petitioner Sangeeta Suryavanshi is at serial No. 3 in the waiting list. The selected candidate Saroj was directed to report for joining upto 12.05.2017 but she has not joined. Therefore, the petitioner requested for considering her case, but it was not considered. Therefore, she has filed writ petition No. 2916/2017 before this Court which was disposed off by this Court on 28.06.2017 directing the respondent No. 2 to consider the representation of the petitioner which was rejected by the CEO vide its order dated 09.02.2018 on the count that as per executive instruction issued by the Secretary Panchayat all the appointments on the post of lecture should be completed up to 30.04.2017 and thereafter no appointment should be made. Against that order the petitioner has preferred an appeal before the Commissioner Ambikapur which was rejected by the impugned order dated 24.04.2018. Both these orders are being assailed in this petition.

4. The learned counsel for the petitioner would submit that as per clause No. 4 of the advertisement the mode of appointment will be as per the Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012. The learned counsel for the petitioner would submit that as per Rules of 2012 which have been framed by the State exercising the power conferred under Sections 53(1), 70(1) and 95(1) of the Chhattisgarh Panchyat Raj Adhinium, 1993. Rule 6(f)(x) provides that entire selection list together with the waiting list shall be valid for one year after declaration of the examination result and new posts sanctioned or posts lying vacant because of any reason during this period may be filled by this waiting list and would submit that selection list was declared on 10.03.2017 and 29.04.2017 (Annexure P/3 and P/4) therefore, as per the Rule the validity of selection list should be for one year which expired on 09.03.2018 or 28.04.2018. Learned counsel for the petitioner would further submit that the selected candidates No. 1 and 2 have not reported for duty, therefore, the petitioner’s name who is at serial No. 3 in the waiting list should have been considered for appointment. When the petitioner applied for consideration of her appointment, the same was rejected by the Chief Executive Officer on 6-9-2017 (Annexure P/9) on the count that the Government of Chhattisgarh has issued a circular dated 20-4-2017, according to which the waiting list was made effective upto 30-4-2017, thereafter no appointment could be carried out from the waiting list candidates in view of the waiting list.

5. Learned counsel for respondent No. 2/Chief Executive Officer would submit that they have specifically followed the circular issued by the Government of Chhattisgarh, as such claim of the petitioner ha