NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 97 of 2024 Ankita Sharma D/o Shri Sanjay Sharma, Aged About 32 Years R/o H.No. 740, Yellow Building, Behind Radha Krisna Mandir, Shanti Vihar Colony, Daganiya, Raipur, District Raipur (C.G.)

---- Appellant Versus

1. State of Chhattisgarh Through Its Secretary, Department of Health And Family Welfare, Mantralaya, Mahanadi Bhawan Atal Nagar, Nawa Raipur, District Raipur (C.G.)

2. The Director, Medical Education, Health and Family Welfare Department, Old Nurses Hostel, Raipur, District-Raipur (C.G.) New Address-Heath Bhawan, Sector-19, Behind Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

3. The Dean, Late Shri Baliram Kashyap Memorial Government Medical College, Dimrapal, Jagdalpur, District Bastar (C.G.)

---- Respondents (Cause-title taken from Case Information System)

For Appellant : Mr. Neeraj Choubey, Advocate.

For Respondents : Mr. Vinay Pandey, Dy. A.G.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

26.02 .2024

1. Heard Mr. Neeraj Choubey, learned counsel for the appellant. Also heard Mr. Vinay Pandey, learned Deputy Advocate General, appearing for the respondents.

2. This writ appeal is presented against an order dated 11.12.2023 passed by the learned Single Judge in WPS No. 3141 of 2015 (Ankita Sharma vs. State of Chhattisgarh and others) whereby, the writ petition filed by writ petitioner / appellant herein was dismissed by the learned Single Judge.

3. Brief facts of the case are that on 01.05.2014, an advertisement had been issued by the respondent No. 3 for various posts and applications were invited from the eligible candidates. In the aforesaid advertisement, two posts of Speech Therapist/Audiologists were advertised by the respondent No.3, out of which, one was reserved for Schedule Tribe and the another one was for the unreserved category. The appellant having fulfilled the eligibility criteria, applied for the post of Speech Therapist/Audiologist against unreserved category. After scrutiny of the applications, the candidates were called for the written examination which was to be held on 26.08.2014. Subsequently, on 19.10.2014, the respondents declared the result of the said examination and the successful candidates were called for verification of the documents vide letter dated 21.11.2014. After verification of documents, final selection list was published by the Respondent No.3. Thereafter, the appellant was appointed on the post of Speech Therapist/Audiologist vide appointment order dated 08.01.2015 and joined her services on 12.01.2015. In the meanwhile, a writ petition bearing W.P.S. No.6343/2014 was filed by one Raj Kishore Mishra, who was in waiting list, pleading therein that the post of Speech Therapist/Audiologist is a District Cadre, therefore, in the light of circular issued by the State Government, the said post shall be filled up by only Bastar Division domicile candidates. In the said petition, notices were issued to the parties and an order was passed by this Hon'ble Court that the appointment of the present appellant shall be subject to the final outcome of the petition (WPS No.6346/2014). According to the appellant, she duly filed the reply in the writ petition and took her stand that the post of Speech Therapist/Audiologist is not a district cadre post for the reason that same has been sanctioned by the State Government in the Medical College in light of the Chhattisgarh Medical Education Department (Gazetted) Service Recruitment Rule, 2011. According to the appellant, the appointment of the appellant was sub- judice before this High Court and no order has been passed by the Court against the appellant and only directed the respondent college to file an affidavit in this regard.

4. Thereafter, despite the selection process and the appointment on the post of Speech Therapist/Audiologist under 2 years probation period and completion of 8 months service, a not