Eligibility for appointment is strictly governed by the criteria set in the recruitment advertisement and relevant rules, preventing any claim for relaxation post-appointment without stipulated guidelines.

ORDER :

Parth Prateem Sahu, J.

1. Facts relevant for disposal of these writ petitions are that both the petitioners pursuant to advertisement dated 13.4.2022 issued by the Chhattisgarh Public Service Commission, Raipur have submitted their application. Petitioners were selected on the post of Transport Sub Inspector (Technical) and were given appointment vide order dated 08.09.2022. Order of appointment of petitioners were put to challenge by Intervener- Ashish Minj in Writ Petition No.5206 of 2023. As submitted by learned counsel for the Intervener that while hearing of writ petition filed by Intervener this Court called for records of recruitment proceeding and found that petitioners herein who have been appointed do not fulfill the criteria fixed for height for the post of Transport Sub Inspector (Technical) as their height were less than 165 cm (minimum height) for male candidate. Petitioners thereafter submitted application before concerned authorities granting them relaxation in minimum height in terms of Circular dated 31.07.2001 issued by the General Administration Department, Raipur. Application submitted by petitioner was considered by the Department and in proceeding dated 25.09.2023, rejected their claim on the ground that provision under the Circular would not be invoked as the petitioners after getting themselves appointed have made a prayer for relaxation and observing that relaxation clause as mentioned in circular can be invoked and matter can be placed before Hon’ble Chief Minister in cases where post remained unfilled for want of eligible candidate. Petitioners thereafter have filed these two separate writ petition seeking flowing common reliefs:

“10.1 That, the Hon'ble Court may kindly be pleased to issue appropriate writ and quash the impugned order dated 19/6/24 (Annexure P-1) and direct the respondent authorities to reinstate the petitioner service along with all consequential benefits including back wages in the interest of justice.

10.2 That, the Hon'ble Court may kindly be pleased to issue appropriate writ and direct the re- spondent authorities to consider the case of the petitioner in light of the circular dated 31/7/2001 without any legal impediment in the interest of justice.

10.3 That, the Hon'ble Court may kindly be pleased to call for the entire records of the selec- tion process for kind perusal of this Hon'ble Court. 10.4 Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioner in the interest of justice along with the cost of the petition to the petitioner.

2. Learned counsel for petitioners submits that petitioners after coming across the advertisement published by Public Service Commission dated 13.04.2022 submitted their applications. According to contents of advertisement, it is apparent that for both the posts advertised i.e. Assistant Regional Transport Officer and Transport Sub Inspector (Technical) only one examination is to be conducted and based on merits, appointment is to be made on the aforementioned two posts. Candidate who is higher in merit has to be considered for appointment on the post of Regional Transport Officer and the candidate who is below in merit will be considered for appointment on the post of Transport Sub Inspector (Technical). Referring to Clause 6 (2) (A), of advertisement he would submit that requirement of height for appointment on the post of Assistant Regional Transport Officer for the general category candidate, minimum height is prescribed as 165 cm and for the candidate belonging to ST categor