2026:CGHC:2619 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 216 of 2026

1. Shivam Sonwani S/o G. K. Sonwani Aged About 38 Years Address- Qtr No. 2g, Street M P R Zone-01, Sector- 11 Khursipar, Bhilai, Distt.- Durg, C.G. Pin Code- 490011 ... Petitioners versus

1. State Of Chhattisgarh Through- The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, District Raipur, Chhattisgarh

2. Chhattisgarh Public Service Commission North Block, Sector-

19, New Raipur, Atal Nagar Chhattisgarh- 492002

3. Chhattisgarh Public Service Commission Through- Exam Controller, North Block, Sector-19, New Raipur, Atal Nagar Chhattisgarh- 492002

4. Hemchand Yadav Vishwavidyalaya Raipur Naka, Durg, C.G.-

BALRAM 491001 PRASAD DEWANGAN

5. Hemchand Yadav Vishwavidyalaya Through - Exam Digitally signed by BALRAM PRASAD Controller Raipur Naka, Durg, C.G. - 491001 DEWANGAN ... Respondents For Petitioner : Mr. Satish Kumar Sagar, Advocate For Respondent No.1 : Ms. Anuja Sharma, Dy. Govt. Advocate For Respondent No.2 & 3 : Dr. Sudeep Kumar Agrawal, Advocate For Respondent No.4 : Mr. Neeraj Choubey, Advocate Hon'ble Mr. Justice Parth Prateem Sahu

Order On Board

15/01/2026

1. Petitioner has filed this petition seeking following relief:-

“10.1.Issue a writ of Certiorari or any other appropriate writ, order or direction quashing and setting aside the arbitrary and illegal action of the Respondents in disqualifying the petitioner from the post of Clinical Psychologist & for the post of Counsellor Psychiatry pursuant to Advertisement No.02/2025 dated

22.04.2025.

10.2. Issue a writ of Mandamus directing the Respondent authorities to reconsider the candidature of the Petitioner strictly in accordance with the eligibility criteria prescribed in Advertisement No.02/2025 without applying any unwritten or extraneous consideration.

10.3. Issue a further writ of Mandamus directing the Respondents to permit the Petitioner to appear in the interview for the post of Clinical Psychologist & counsellor Psychiatry, subject to the final outcome of the writ petition.

10.4. Issue a writ of Mandamus or any other appropriate writ or direction, directing the Respondent authorities to keep 01 (one) seat each for the post of Clinical Psychologist and Counselor Psychiatry vacant/reserved during the pendency of the present petition, to ensure the Petitioner’s right to appointment is not frustrated by the completion of recruitment process.

10.5. Pass any other writ, order / direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in interest of justice.”

2. Facts relevant for disposal of this petition, in brief, are that pursuant to advertisement dated 22.4.2025, Annexure P-1, issued by respondent No.2 inviting applications for appointment on various posts including of Clinical Psychologist and Counselor Psychiatry. In pursuance of aforesaid advertisement, petitioner online submitted application form being qualified for the posts of Clinical Psychologist and Counselor Psychiatry. Communication dated 9.10.2025 was issued calling upon petitioner to produce all relevant documents for verification on scheduled date and pursuant thereto, petitioner appeared before respondent concerned and produced all original documents including educational testimonials. After verification of documents, list of shortlisted candidates was published on 31.12.2025, but petitioner was not shortlisted for interview, which led to filing of this writ petition.

3. Learned counsel for petitioner submits that petitioner has done his Masters in Psychology with specialization papers in Clinical Psychology, from a recognized University and as such, he is having requisite qualification of post-graduation in clinical psychology, therefore, petitioner cannot be debarred from participating in the process of selection for appointment on the post of Clinical Psychologist and Counselor Psychiatry.

4. He submits that the universities in the State of Chh