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HIGH COURT OF CHHATTISGARH AT BILASPUR
Narendra Kumar Vyas
Mahesh Kumar S/o Hariram Sahu – Appellant
Versus
State Of Chhattisgarh Bilaspur, District : Raipur, Chhattisgarh – Respondent
ORDER :
(Narendra Kumar Vyas, J.)
1. Since an identical issue and common question of facts are involved in both the writ petitions, they are heard analogously and are being disposed of by this common order.
2. The petitioners have filed this writ petition with a prayer that respondent No.2 be kindly directed to prepare a fresh list for skill test according to the reservation roster and as per law. The petitioners be also directed to provide opportunity for skill test in the aforesaid recruitment examination.
3. The brief facts, as reflected from the records are that;
A) The respondent No. 2 published an advertisement for appointment of Stenographer, Steno Typist, and Assistant Grade III on 28.06.2023 and called applications in this respect from the candidates. As per the advertisement the last date for submission of application form was 13.07.2023. The petitioners participated in the aforesaid proceeding and preliminary Exam was held on 22.10.2023. The respondent No. 2 prepared a separate list of candidates for skill test of Un-reserved, OBC, Scheduled Caste and Scheduled Tribe. It is also the case of the petitioners that list for Unreserved candidates highest marks secured by the candi
Candidates do not have an indefeasible right to appointment based solely on being shortlisted; participation without objection limits the ability to challenge subsequent decisions.
Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
Merit-based selection requires inclusion of qualified candidates from reserved categories in the unreserved list at the preliminary examination stage, ensuring compliance with equality and fairness p....
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
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