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HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ., BIBHU DATTA GURU, J.
Arvind Kumar, S/o. Late Ramgopal – Appellant
Versus
State Of Chhattisgarh, Through Its Secretary, Department Of Public Health Engineering Department –Respondent
WPS No. 1983 of 2025, WPS No. 2012 of 2025
Decided On : 03-07-2025
| Table of Content |
|---|
| 1. common questions in both writ petitions. (Para 1) |
| 2. petitioners request for inclusion of degree holders in recruitment. (Para 2 , 3) |
| 3. arguments against exclusion of degree holders based on qualifications. (Para 4) |
| 4. state's defense on prior regulations and recruitment qualifications. (Para 5 , 6 , 7) |
| 5. court's observation on fairness and discrimination in recruitment. (Para 8 , 10 , 11) |
| 6. legal definitions of arbitrariness in recruiting criteria. (Para 12 , 13) |
| 7. declaration of rule as ultra vires. (Para 14) |
| 8. final order allowing petitions and directing further actions. (Para 15 , 16 , 17) |
Judgment :
Bibhu Datta Guru, Judge, J.
1. Since, the common question of law and facts involved in both these Writ Petitions, therefore, they are being considered together and decided by this common order.
2. The petitioners in Writ Petition No. 1983/2025 has prayed for following reliefs:-
“(i) That, this Hon'ble Court may kindly be pleased to held that the impugned Schedule -III Sr. No. 1 Column no. 5 of Chhattisgarh Public Engineering (Non-Gazette) Recruitment and Condition of Service, Rules 2016 (Annexure P/1) may kindly be declared as ultra-virus to the extent it provides only diploma as prescribed qualification and debars Engineering Graduate for participation for the recruitment of Sub Engineer (Civil/Mechanical/Electrical), in the interest of justice.
(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to mention minimum qualification instead of prescribed qualification in the rules impugned Schedule -III Sr. No. 1 Column no. 5 of Rules 2016 and advertisement (Annexure P-2) may kindly be quashed, in the interest of justice.
(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.
3. The petitioners in Writ Petition No. 2012/2025 has prayed for following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ to declared that Rule 8 (II) [column (5) of Scheduled-III (SI.No.1 Sub-Engineer (Civil/Electrical/Mechanical)] of Chhattisgarh Public Health Engineering Department (Non-Gazetted) (Recruitment and Conditions of Service) Rules, 2016 (Annexure P-1) published in Chhattisgarh Raj Patra notification dated 30th December 2016 is Ultra Vires.
10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ and direct the Respondent No. 1 to also include "Degree in Bachelors of Engineering" as a requisite qualification in that Rule 8 (II) [column (5) of Scheduled-III (SI.No.1 Sub-Engineer (Civil/ Electrical/Mechanical)] of Chhattisgarh Public Health Engineering Department (Non-Gazetted) (Recruitment and Conditions of Service) Rules, 2016, along with the qualification of diploma.
10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to allow the candidates possessing degree in engineering to participate in the on-going recruitment process for the post Sub-Engineer post.
10.4 This Hon'ble Court may kindly be pleased to direct the respondents to compensate the cost of petition.
10.5 Any other relief(s) in favor of petitioners as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case”
4. (a) Case of the petitioners is that they are aspiring candidates holding graduate degree in Engineering, seeking to participate in the direct recruitment examination for the post of Sub-Engineer (Civil) / Sub Engineer (Mechanical/ Electrical) scheduled to be held on 27.04.2025 by the Respondent- Chhattisgarh Public Health Engineering (PHE) Department, advertised on 07.03.2025 (Annexure P/2 to WPS No. 1983/2025). The petitioners contended that they are graduate in Civil / Mechanical Engineering. The service condition for recruitment of Sub Engineering in the Public Health Engineering Department is governed by the rules namely “The Chhattisgarh Public Engineering Department (Non-Gazetted) (Recruitment and Condition of Service), Rules 2016 (for short,
The exclusion of engineering graduates from recruitment as Sub Engineers violates Articles 14 and 16 of the Constitution, rendering the regulation ultra vires.
The court upheld the constitutionality of recruitment rules that limit eligibility to diploma holders, finding the exclusion of graduates justifiable for maintaining service stability and effective d....
The court upheld the constitutionality of recruitment rules limiting Junior Engineer positions to diploma holders, determining that excluding higher qualification holders does not violate constitutio....
The main legal point established in the judgment is the interpretation of the conflict between the Special Rules and Section 25(b) of the Act, and the court's finding that the fiction under Section 2....
The court upheld the exclusion of degree holders from recruitment rules for Additional Assistant Engineer positions, emphasizing the need for classifications in public policy to protect employment op....
The central legal point established in the judgment is the validity of degrees obtained through distance education and the recognition of universities as deemed Universities by the State authorities.
Candidates cannot challenge the selection process after willingly participating, and courts should not interfere in purely academic matters.
Higher qualifications do not disqualify candidates from eligibility if the recruitment rules do not expressly prohibit them, and candidates are estopped from challenging criteria after participating ....
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