Digitally signed by SHAYNA KADRI

2026:CGHC:500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3189 of 2023

1 - Mulchand Thakur S/o. Shri Bhaktu Ram Thakur, Aged About 40 Years Cast - Gond (S.T.), Ex - Servicemen Indian Army, Rank - Lance Havaldar (L/hav), Permanent R/o. House No. 204, Ward No. 1, Bachali, Thasil Bade - Bachali, District - South - Bastar, Dantawada Chhattisgarh ... Petitioner(s)

versus

1 - National Mineral Development Corporation (Nmdc) ( A Government Of India Enterprise), Through Its Chairman Cum Managing Director, Khanij Bhawan, Castel Hills Masab Tank, Hyderabad – 500028.

2 - General Manager, National Mineral Development Corporation, Bailadila Iron Ore Mine, Kirundal Complex, Kirandul - 494556, District -

South - Bastar, Dantewada Chhattisgarh

3 - General Manager, National Mineral Development Corporation, Bailadila Iron Ore Mine, Kirundal Complex, Kirandul - 494556, District -

South - Bastar, Dantewada Chhattisgarh

4 - Union Of India, Through The Secretary, Ministry Of Personal, Public Grievances And Pensions ( Department Of Personnel And Training), 5th Floor, Sardar Patel Bhawan, New Delhi. 10001.

... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Sourabh Sharma, Advocate assisted by Ms. Harneet Kaur, Advocate For Resp. No. 1 to 3 : Ms. Naushina Afrin Ali, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

05/01/2026

1. The petitioner has filed this writ petition seeking following reliefs :-

“10.1 That, this Hon'ble Court may kindly be pleased to quashing the impugned List of Candidates shortlisted for physical training (Annexure-P/4).

10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ/writs, order/orders or direction commanding 8 the official respondents to granting horizontal reservation meant for the Ex-Servicemen in a ST Category to the petitioner.

10.3 That, the Hon'ble Court may kindly be pleased to issue appropriate writ, orders or directions declaring that the petitioner being Ex- servicemen, is available, and the respondents have to be adjusted in the respective social category ST to which the petitioner belong by replacing the last candidate from that category form final selection list made during the pendency of instant writ petition.

10.4 That, the Hon'ble Court may kindly be pleased to issue appropriate writ, orders or directions declaring that all the selection procedure without following reservation roster is bad in law and liable to be quashed.

10.5 Any other relief which may deems fit may also be awarded along with cost of the petition.”

2. Facts of the case, in a nutshell, are that the respondent–NMDC issued an advertisement dated 08.03.2021 inviting applications for various posts, including 35 and 30 posts of Field Attendant (Trainee) at Bailadila Iron Ore Mine, Kirandul and Bacheli respectively, wherein reservation details were duly notified. As per Clauses 2.1 and 2.2 of the advertisement, 11 posts at Kirandul and 9 posts at Bacheli were reserved for ST (Trainee) category, and as per Clause 2.3, reservation for SC/ST/OBC (NCL), EWS, PWD and Ex-Servicemen was to be governed by Government of India directives. The selection process comprised a written examination followed by a physical ability test, and candidates were permitted to apply for both locations. The petitioner, belonging to the ST category and being an Ex-Serviceman, applied for both Kirandul and Bacheli, qualified in the written examination by securing 48 and 50 marks respectively, which were above the minimum qualifying marks of 40 prescribed for ST candidates. However, when the shortlist for the physical ability test was published, the petitioner’s name was not included. Aggrieved, the petitioner sought information under the Right to Information Act regarding compliance with Government of India reservation directives for Ex-Servicemen, but no response was received, even though physical tests were conducted pursuant to notice dated 15.04.2023. It is t