NAFR Digitally HIGH COURT OF CHHATTISGARH AT BILASPUR ABHIGYAsigned by SAXENA ABHIGYA SAXENA WPS No. 2706 of 2023 Reserved On 02.12.2025 Delivered On 15/01/2026

1 - Khushbu Yadav D/o. Shri Hirday Ram Yadav, Aged About 29 Years R/o. H. No. 452, Mitan Chowk, Subhash Nagar, Durg, District : Durg, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya Naya Raipur, District Raipur Chhattisgarh.

2 - Director, Directorate Of Higher Education Department, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 3 - Chhattisgarh Public Service Commission, Raipur, Through Its Secretary, Public Service Commission, Raipur Shankar Nagar, Raipur Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Jeet Ram Patel, Advocate For State : Mr. Dashrath Prajapati, Panel Lawyer For Respondent : Mr. Anand Mohan Tiwari, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad

C A V Order

1. This petition has been filed by the petitioner seeking for the following relief(s) :-

10.1. That, this Hon'ble Court may kindly be pleased to issue a order/orders and direction/directions, writ/writs, respondents may kindly be directed to consider the case of the petitioner for appointment on the post of Assistant Professor (Geology) Higher Education Department through the waiting list. 10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider and decide the representation (Annexure P/6) of the petitioner.

10.3. That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.

2. Facts of the case :- The present petition has been preferred before this Court against the arbitrary inaction of the respondent authorities in failing to consider the petitioner’s candidature for appointment to the post of Assistant Professor (Geology) despite his being placed at Serial No. 1 in the waiting list under the OBC category. The Public Service Commission issued an advertisement dated 23.01.2019, subsequently modified by corrigendum dated 08.01.2021, inviting applications for five backlog vacancies of Assistant Professor (Geology), wherein three posts were reserved for Scheduled Tribe, one for Scheduled Caste, and one for Other Backward Class. The petitioner, being an eligible OBC candidate, participated in the selection process; however, due to a limited number of qualifying candidates, only three posts could be filled, leaving two posts vacant. The final result and waiting list were declared on 10.02.2021, wherein the petitioner was placed first in the OBC waiting category. Subsequently, one selected candidate, namely Shri Mofid Ali, appointed against the OBC post vide order dated 26.10.2021 and posted at Government E. Vishvesraiya P.G. College, Korba, failed to join within the stipulated period of one month and was repeatedly granted extensions up to 22.09.2022 despite allegedly being employed elsewhere as a Hydrologist. The petitioner, being next in merit and eligible for consideration, has repeatedly approached the respondent authorities seeking appointment against the unfilled post; however, the same has not been considered nor has the waiting list been acted upon or exhausted, resulting in denial of the petitioner’s legitimate right to be considered for appointment.

3. Learned counsel for the petitioner submits that the action of the respondents in failing to operate the waiting list and consider the petitioner for appointment against the available vacancy is arbitrary, illegal, unreasonable, and contrary to settled principles of law governing selection and appointments. It is contended that since the petitioner belongs to the same reserved category and stands at Serial No. 1 in the waiting list, she is legally entitled to be considered for appointment against the said post