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2026 Supreme(Chh) 93

HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ., RAVINDRA KUMAR AGRAWAL, J.
Ravi Tiwari, S/o. Rampol Tiwari – Appellant
Versus
State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development Department – Respondent
WA No. 661 of 2025
Decided On : 03-02-2026

Advocates Appeared:
For the Appellant :Mr. Shalvik Tiwari, Advocate
For the Respondent:Mr. P.K. Bhaduri, Deputy Advocate General, Mr. Matin Siddiqui, Mr. Manoj Paranjape, Senior Advocate, assisted by Mr. Kabeer Kalwani, Advocate, Mr. Ankur Agrawal, Advocate, Mr. Rajeev Shrivastava, Senior Advocate assisted by Ms. Kajal Chandra, Advocate, Mr. Moulik Shrivastava, Advocate, Mr. Vinod Kumar Sharma, Advocate, Ms. Deblina Maity, Advocate, Mr. Sudeep Johri, Advocate, Mr. Kishore Bhaduri, Senior Advocate assisted by Mr. Pawan Kesharwani, Advocate, Dr. K.S. Chauhan, Senior Advocate assisted by Mr. Ravi Prakash and Mr. Abhyuday Singh, Advocates Mr. Tushar Dhar Diwan, Advocate

Public appointments are void if they lack adherence to stipulated eligibility criteria as of the cut-off date, regardless of length of service or administrative inaction.

Headnote:(A) Writ of Quo Warranto - Judiciary’s power to examine appointments in public office - Statutory requirements for public recruitment under Chhattisgarh Recruitment Rules and the importance of eligibility criteria as outlined in the advertisement dated 23.02.2011 emphasized. (Para 51)

(B) Legality of Appointments - Appointments made in violation of essential eligibility conditions, specifically where individuals lacked required qualifications as per the cut-off date, deemed void ab initio. Judicial intervention necessary to prevent usurpation of public office. (Para 51)

(C) Locus Standi - In matters of quo warranto, strict rules of standing do not apply; public interest supersedes personal stakes. (Para 49)

Facts of the case:
The appellant, not a direct candidate, sought a writ of quo warranto against several public appointees citing lack of eligibility on account of qualification timelines as per the recruitment advertisement. Recruitment process for Sub Engineers resulted in excess appointments and irregularities highlighted by three committees. Despite admissions of ineligibility, continued service persisted without corrective action. (Paras 1-6)

Findings of Court:
Court ruled appointments of respondents 4-73 illegal and void ab initio, issuing writ of quo warranto against those appointees, while confirming that appointments of respondents 55 and 64 were legal. (Paras 51-52)

Issues: The main judicial concerns surrounded the legitimacy of appointments where qualifications were not held by the cut-off date, and whether locus standi applied for the appellant. (Para 51)

Ratio Decidendi: The court asserted that strict adherence to eligibility criteria is paramount, with subsequent qualifications not remedying initial illegality in recruitment; emphasized public interest in examining and rectifying employment abuses. (Para 51)

Result: Writ appeal allowed in part; respondents 4-73 declared ineligible to retain posts, while affirming eligibility of respondents 55 and 64.

Table of Content
1. details of the recruitment process and irregularities. (Para 3 , 4 , 5 , 6)
2. arguments regarding qualifications and eligibility. (Para 8 , 9 , 10 , 11 , 12)
3. judicial observations on eligibility and legality. (Para 18 , 27 , 28 , 36)
4. legal standards for appointments and implications of their violation. (Para 21 , 22 , 25 , 38 , 51)
5. final ruling and implications on the involved parties. (Para 52 , 53)

Judgment :

Ramesh Sinha , CJ.

1. Heard Mr.Shalvik Tiwari, learned counsel for the petitioner as well as Mr.P.K.Bhaduri, learned Deputy Advocate General appearing for respondents No.1 to 3/State, Mr.Matin Siddiqui, learned counsel appearing for respondents No.4, 15, 22, 33, 41, 43, 44, 51, Mr.Manoj Paranjape, learned Senior Advocate assisted by Mr.Kabeer Kalwani, learned counsel appearing for respondents No.5, 28, 32, 40, 52, 57, 58, 62, 71, Mr.Ankur Agrawal, learned counsel appearing for respondents No.7, 8, 16, 31, 34, 39, 42, 46, 59, Mr.Rajeev Shrivastava, learned Senior Advocate assisted by Ms.Kajal Chandra, learned counsel appearing for respondent No.10, Mr.Moulik Shrivastava, learned counsel appearing for respondents 11, 12, 30, 50, 53, 54, 60, Mr.Vinod Kumar Sharma, learned counsel appearing for respondents No.13, 72, 73, Ms.Deblina Maity, learned counsel appearing for respondent No.20, Mr.Sudeep Johri, learned counsel appearing for respondents No.24, 26, 27, 56, 61, 63, 70, Mr.Kishore Bhaduri, learned Senior Advocate assisted by Mr.Pawan Kesharwani, learned counsel appearing for respondent No.55, Dr.K.S.Chauhan, learned Senior Advocate assisted by Mr.Ravi Prakash and Mr.Abhyuday Singh, learned counsel appearing for respondent No.64 and Mr.Tushar Dhar Diwan, learned counsel appearing for respondent No.67.

2. The appellant has filed this writ appeal against the order dated 11.07.2025 passed by learned Single Judge in WPC No. 3571 of 2025 by which learned Single Judge has dismissed the writ petition filed by the writ petitioner / appellant herein.

3. Brief facts of the case are that the recruitment in question pertains to the posts of Sub Engineer (Civil) under the Department of Panchayat and Rural Development, Government of Chhattisgarh. An advertisement for filling up 275 vacant posts was issued on 23.02.2011. The recruitment process was conducted by the Chhattisgarh Vyavsayik Pariksha Mandal (CG Vyapam), an autonomous body under the control of the State Government. The application process commenced on 28.02.2011 and the last date for submission of applications was 23.03.2011.

4. As per the terms of the advertisement and the applicable recruitment rules, candidates were required to possess the prescribed educational qualifications on or before the cut-off date. The eligibility criteria included 3-year diploma in Civil Engineering, or two-year Post Diploma in Rural Technology and Management, or an equivalent higher qualification.

5. After the written examination, 712 candidates were called for certificate verification. During verification, several candidates were found to be ineligible on various grounds, including non- possession of essential educational qualifications as on the cut-off date, invalid or absent caste certificates, over-age, and non- renewal of employment registration. A list dated 09.09.2011 was thereafter published categorising candidates as eligible, ineligible and doubtful. Despite the said classification, appointments were made in favour of several candidates who had been declared ineligible. Ultimately, 383 candidates came to be appointed, which exceeded the notified strength of 275 posts by 108 appointments, giving rise to serious allegations of irregularity in the selection process.

6. A specific issue was raised with respect to 89 candidates who had acquired the requisite educational qualifications only after the last date of application, i.e. 23.03.2011. In pursuance of administrative directions issued under NSP-13, three committees were constituted vide Office Order dated 28.11.2016

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