Judgment on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Rajeev Kumar Dubey, learned counsel for the appellant along with Ms. Maya Chaturvijani, learned counsel. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State.

2. The present intra Court appeal has been filed by the appellant against the order dated 29.08.2024 passed by the learned Single Judge in WPS No. 3709 of 2019 (Shailesh Sharma vs. State of Chhattisgarh & Another), whereby the learned Single Judge has dismissed the writ petition filed by the appellant/writ petitioner herein.

3. Brief facts of the case are that an advertisement for 57 posts of Sanitary Inspector was issued by the Directorate, Urban Administration Department, Chhattisgarh on 16.02.2018 pursuant to the Chhattisgarh Nagar Palik Nigam (Adhikariyon Aur Karmchariyon ki Niyukti tatha Sewa ke Nibandhan evam Shartein) Niyam, 2018 (for short, ‘Rules of 2018); Chhattisgarh Nagarpalika Sewa (Vetanman evam Bhatta) Niyam, 1967 (for short, ‘Rules of 1967’); Chhattisgarh Nagarpalika Karmchari (Bharti tatha Sewa Shartein) Niyam, 1968 (for short, ‘Rules of 1968’) and subsequent circulars and instructions issued from time to time. The last date for submission of the online application form was 07.03.2018. The appellant was participated in the written examination conducted by the Chhattisgarh Professional Examination Board on 17.09.2018. A provisional select list was published by respondent No. 1 on 05.10.2018 and thereafter, Model Code of Conduct for State Assembly elections came into force from 06.10.2018 till 24.12.2018. Chief Election Officer vide order dated 22.11.2018 granted permission to the State to fill up the posts of Sanitary Inspector during the currency of Model Code of Conduct. Respondents called candidates for verification of documents and thereafter, a list of eligible and ineligible candidates was published. Respondent No. 1 vide order dated 08.01.2019 stayed the selection process for the posts of Accountant, Sanitary Inspector & Revenue Inspector. WPS No. 2403 of 2019 was filed before this Court which was disposed off on 03.04.2019 and respondents therein were directed to complete the selection process within 90 days from the date of receipt of a copy of such order. On 07.05.2019, a decision was taken to issue appointment orders to the selected candidates within 30 days. The department issued appointment orders in favour of Ajay Barik and Durgesh Kumar Sahu on 31.05.2019 & 02.08.2019, respectively. Name of the petitioner was not in the select list and no waiting list was prepared by the department, but the petitioner is claiming appointment to the post of Sanitary Inspector on the ground that out of a total of 57 posts, 55 posts are still lying vacant.

4. Learned counsel for the appellant submits that as the 55 candidates were declared ineligible for the appointment, the respondent-State should have to proceed to for the document verification from the list of eligible candidates who have clear the written-test and were fully eligible for consideration of their candidature for the process of document verification at least to the tune of 1:2 ratio as the Rules of 2018 and thereon. He also submits that the respondent-Department had refused to recruit the petitioner into the said post inspite of the fact that the merit list was alive and valid. According to the advertisement, the validity of selection list was for the one year which was further extended for the period of 06 months upto 10.04.2020. Being aggrieved by the said fact, the petitioner had approached this Court by way of filing writ petition bearing WPS No. 3709 of 2019 and on 29.08.2024, the learned Single Judge dismissed the said petition on the ground that as there is no provision to prepare waiting list in the relevant recruitment rules governing the appointment of the petitioner, therefore, the petitioner has no vested right to be appointed into the said post of Sanitary I