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2024 Supreme(Chh) 637
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, J.
Harishchandra Sahu S/o Shri Kejuram Sahu – Appellant
Versus
State Of Chhattisgarh Through Its Secretary, Department Of Panchayat And Rural Development – Respondent
WPS No. 6208 of 2014, WPS No. 6209 of 2014
Decided on : 30-08-2024
Advocate Appeared:
For the Appellant :Mr. Prateek Sharma, Advocate.
For the Respondent:Mr. Ruhul Ameen Menon, P.L., Mr.N. Naha Roy, Advocate.
IMPORTANT POINT
The court ruled that petitions for appointment were barred by delay and the final select list had expired, emphasizing the importance of timely action in legal proceedings.
Headnote:
(A) Constitution of India - Articles 14 and 16 - Writ petitions seeking appointment as Shiksha Karmi Grade-III based on alleged forgery in the selection process - Petitioners claimed they were wrongfully placed lower in merit due to fraudulent appointments - Court held that the final select list had expired and the petitions were barred by delay and laches. (Paras 6, 10, 11, 12)
(B) Delay and Laches - The court emphasized that inordinate delay in filing petitions without satisfactory explanation may lead to dismissal of the petitions. (Paras 10, 11)
Facts of the case:
Petitioners sought appointment as Shiksha Karmi Grade-III after alleging that their positions were compromised due to the appointment of candidates based on forged documents. They claimed that had the fraudulent appointments not occurred, they would have been selected.
Findings of Court:
The court found that the final select list had expired and the petitions were filed after an unreasonable delay.
Issues: The main issues were the validity of the final select list and the impact of delay in filing the petitions.
Ratio Decidendi: The court ruled that the petitions were not maintainable due to the expiration of the select list and the significant delay in filing.
Result: Writ petitions dismissed.
ORDER :
RAJANI DUBEY, J.
1. Since the aforesaid petitions arise out of common cause of action, they are being decided by this common order.
2. The petitioners have filed the aforesaid petitions under Article 226 of the Constitution of India seeking following relief (S) :-
“10.1. That, this Hon’ble Court may kindly be pleased to call the entire records pertaining the case of petitioner, from the respondent authorities.
10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to give appointment to the petitioner in the post of Shiksha Karmi Grade-III in pursuance of advertisement dated 12.03.2007, by placing him in his proper position in the final merit list, in accordance with law.
10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”
3. Brief facts of the case, as projected by the petitioners in the aforesaid petitions, are that the respondent Janpad Panchayat had issued an advertisement (Annexure P/1) on 12.03.2007 inviting applications for the post of Shiksha Karmi Grade-III and total 113 posts were published, out of which, 28 posts were reserved for other backward caste category candidate. The petitioners being eligible, belonging to the other backward caste category, participated in the selection process, however petitioner in WP(S) No. 6208/2014 obtained 54 marks out of total 100 marks and secured 3rd position in the waiting list of OBC category and the petitioner in W.P.(S) No.6209/2014 obtained 52.91 marks out of total 100 marks and secured 285th position in overall merit. The final merit list (Annexure P/3) was issued by the respondent Janpad Panchayat after completing the entire selection process and also issued the appointment order on 08.08.2007. Accordingly the appointed candidates joined the service and started working in all the advertised posts.
4. According to the petitioners, due to criminal act of forgery committed by certain persons in connivance with certain appointed Shiksha Karmis, their numbers were increased either on the basis of forged documents or without any basis, thereby putting them over and above the petitioners and placing the petitioners in the lower position in the merit list, which was revealed when complaint was filed and about 69 Shiksha Karmi Grade-III appointed in pursuance of said advertisement were terminated from service on the ground of obtaining appointment by way of forgery and if the above 69 forged Shiksha Karmi Grade-III would have not been appointed or placed over and above the petitioner in the merit list, then the petitioner would have been placed in the select list and would have been appointed in the post of Shiksha Karmi Grade-III. Further, out of above 69 forged Shiksha Karmis, more than 25 Shiksha Karmis have obtained appointment being other backward caste category candidate and if they were not mentioned in the merit list, the petitioner would have been very much mentioned in the selection list obtaining much higher ranking and aptly clear that the petitioners would have been secured seat of Shiksha Karmi Grade-III in unreserved category by virtue of his merit.
5. Further case is that since the termination of 69 Shiksha Karmi Grade-III is on the basis of obtaining appointment by way of forgery, therefore their appointment and selection becomes void ab-initio right from beginning and nullity before the eye of law and the merit list ought to be prepared among the available meritorious candidates, including the petitioner to bring it within the postulates of the right of equality enshrined upon the petitioners by virtue of Article 14 & 16 of the Constitution of India. Other candidates namely Raghavendra Singh Chouhan son of Shri Geeta Singh Chouhan, resident of Village-Baiharsari, Post-Chhirha, Tahsil-Bemetara, District-Durg, placed at serial no. 540 in the overall merit list and obtained 50.12 marks, out of 100 marks, was appointed in the
