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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Nilkanth Kumar Sahu S/o Shri Pardeshi Ram Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner participated in the recruitment process conducted by the Chhattisgarh Public Service Commission (CGPSC) for the post of Sports Officer, advertised on 06.03.2019. The petitioner applied under the Other Backward Class (OBC) category, cleared the written examination, and was placed at Serial No. 1 in the OBC waiting list as per the final result published on 18.09.2020. One of the selected candidates from the OBC category, Amit Verma (Serial No. 17 in the selection list), passed away on 27.12.2021 before joining the post. Despite repeated representations and submission of relevant documents including the post-mortem report and subsequent death certificate (received by the Department on 05.12.2022), the case of petitioner for appointment in place of the deceased candidate was not acted upon in a timely manner. The Department of Higher Education had requested CGPSC to extend the validity of the waiting list beyond its expiry on 17.09.2022, citing the special circumstances and procedural delays in obtaining the death certificate and conducting police verification. However, CGPSC declined the request for extension via letter dated 17.02.2023. The petitioner contend
Administrative delays cannot nullify an eligible candidate's right to appointment if claims are made within the valid recruitment timeline.
The petitioner's claim for appointment on the post of JLO from the reserved waiting list was found to be valid as he approached the Court before the expiry of the wait list, and the Court allowed the....
Candidates are entitled to consideration for available posts if a vacancy arises during the validity of the selection list despite administrative delays.
The inaction of the government in not appointing candidates from the waiting list without justifiable reasons is arbitrary, bad in law, and illegal.
Waiting list candidates entitled to appointment for vacancies within validity period, tolled by judicial proceedings; cannot be denied arbitrarily.
A waiting list for job appointments expires after one year, and no relief can be granted after its lapse.
If a selected candidate joins and resigns within a period of currency of waiting list, a wait listed candidate would have a right to claim appointment and this very proposition also appears to have b....
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