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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Dev Ashish Pradhan, S/o Subhash Singh Pradhan – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Department Of Transaport – Respondent
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
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 guide....
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
Appointment – A Candidate concerned had applied without demur and also furnished a declaration with regard to correctness of details provided, he cannot thereafter turn around to seek alteration of p....
Candidates participating in a recruitment process cannot challenge its conditions after disqualification; strict adherence to advertised criteria is mandated by constitutional principles of equality.
Congenital abnormalities like nevi are not grounds for disqualification unless they impede duty performance; height relaxations for North-East candidates do not constitute unfair advantages.
Eligibility criteria for recruitment must be consistent and cannot be altered after the process has commenced, as affirmed by the Supreme Court.
The court established that eligibility criteria for public employment must be strictly adhered to, and any appointment made contrary to these criteria is illegal. Equity cannot be invoked to override....
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
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