IMPORTANT POINT
Candidates cannot challenge the selection process after willingly participating, and courts should not interfere in purely academic matters.

ORDER :

Ramesh Sinha, C.J.

1. Heard Mr.Shrawan Agrawal, learned counsel for the petitioners. Also heard Mr.Mr.Prafull N. Bharat, learned Advocate General with Mr.Vinay Pandey, learned Deputy Advocate General for the respondents.

2. The petitioners have filed this writ petition with the following prayers:-

“10.1) That, this Hon’ble Court may kindly be pleased to issue a appropriate writ to declared that rule 8 (II) [col- umn (5) of Scheduled-III (Sl.No.12 Hand Pump Techni- cian)] of Chhattisgarh Public Health Engineering Depart- ment (Non-Gazetted) (Recruitment and Conditions of Service) Rules, 2016 (Annexure P-1) published in Chhattisgarh Raj Patra notification dated 30th December 2016 is Ultra Vires.

10.2) That, this Hon’ble Court may kindly be pleased to issue appropriate writ and placed the word one year course certificate from ITI in mechanical trade as per courses prescribed in ITI.

10.3) That, the Hon’ble Court may kindly be pleased to set-aside the decision of respondent in counseling dated 23.01.2024 (Annexure P-3) in respect of petitioners.

10.4) That, the Hon’ble Court may kindly be pleased to issue an appropriate writ for declaring that petitioners are eligible for post of Hand Pump Technician as per one year certificate issued by the ITI and Craftsmen Training Scheme of State of Chhattisgarh accordingly ensure the selection and recruitment of the petitioners.

10.5) That, the Hon’ble Court may kindly be pleased to issue a appropriate writ and declared that PHED Rules 2016 and selection process of the respondent are violation of Article 14, 16 and 21 of Constitution of India.

10.6) Any other relief which this Hon’ble Court may deem fit and proper also kindly be pleased to grant to the petitioner, in the interest of justice.”

3. Brief facts necessary for disposal of this writ petition are that respondent No.1 published a advertisement on 21.08.2023 (Annexure P-2) for direct recruitment of Hand Pump Technician for 188 posts in which 69 posts are reserved for Scheduled Tribes. Petitioners No.1 and 2 belong to the Scheduled Tribes category and petitioner No.3 belongs to Scheduled Caste category. The petitioners applied for the post of Head Pump Technician and submitted their applications through online in the site of Chhattisgarh Professional Examination Board, Raipur. As per scheduled for examination of Hand Pump Technician Recruitment Exam 2023 held on 24th September, 2023, the petitioners participated in the said examination. After examination, the Chhattisgarh Pprofessional Examination Board issued a combined merit wise list on 06.10.2023 in which the petitioners found their names in page 7 of the list serial No.377 for petitioner No.1, page 4 of the list serial No.214 and page 1 list at serial No.38. The respondents issued a letter for connseling and verification of documents and scheduled the date on 23.1.2024, as per memorandum of the respondents. As per scheduled of counseling and document verification, the petitioners appeared before the selection committee on 23.01.2024 and produced all the relevant documents like marks sheet and others, in which marks sheet of the ITI was for diesel mechanic issued by the ITI have been produced which shows that one year course have been done by all the petitioners, but unfortunately later on, the petitioners have been declared ineligible on the ground that the petitioners have submitted one year certificate, whereas the departmental recruitment rules and advertisement determined two years certificate. The petitioners found their names in the list of details of ineligible candidates in serial Nos.18,16 and 14 for respective petitioners. Hence, this writ petition.

4. Learned counsel for the petitioners submits that Rule 8 (II) [column (5) of Scheduled-III (Sl.No.13 Hand Pump Technician)] of Chhattisgarh Public Health Engineering Department (Non- Gazetted) (Recruitment and Conditions of Service) Rules, 2016 (hereinafter called as ‘Rules of 2016’) is Ultra Vires because ITI in the State had