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2026 Supreme(Online)(Chh) 1467

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
GAYATRI SAHU – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPS/9133/2023



Digitally signed by 2026:CGHC:6747 SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9133 of 2023

1 - Gayatri Sahu D/o Shri Omprakash Sahu Aged About 31 Years R/o Bhanwarmara, Lungi Chouki, Post- Singoula,, District : Rajnandgaon, Chhattisgarh ... Petitioner(s)

versus

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

2 - Divisional Joint Director Health Services, Bilaspur, District : Bilaspur, Chhattisgarh

3 - Seema Netam D/o Uday Ram Netam, Through The Divisional Joint Director, Health Services,, District : Bilaspur, Chhattisgarh

4 - Khileshwari Sahu D/o Rupchand Sahu, Through The Divisional Joint Director, Health Services,, District : Bilaspur, Chhattisgarh

5 - Kusum D/o Devkumar Jain, Through The Divisional Joint Director, Health Services, Bilaspur, District : Bilaspur, Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. Pranoti Das, Advocated holding brief on behalf of Mr. Goutam Khetrapal, Advocate For State : Mr. Anway Tiwari, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

06/02/2026

1. The present writ petition is being filed seeking following reliefs:-

“a. Issue a writ, order or direction, moreover in the nature of certiorari, quashing the impugned merit list as well as final selection list dated 06.10.2023 and impugned appointment & posting order dated 06.10.2023 as well as the impugned letter dated 07.11.2023.

b. Issue a writ, order or direction, moreover in the nature of mandamus, directing the Respondents to provide the Petitioner with an appointment on the post of Psychiatric Nurse as per her merit;

c. pass any other order(s) that may be deemed fit and just, including awarding of the cost of litigation to the petitioner.”

2. Facts of the case, in breif, is that the petitioner is a qualified health professional holding a Diploma in Psychiatric Nursing, which she successfully completed in the year 2020. Immediately after completion of her diploma, the entire country was struck by the unprecedented COVID-19 pandemic, during which there was an acute shortage of trained and qualified health-care workers. Prior thereto, in the year 2019, the respondent authorities had issued an advertisement dated 04.02.2019 for appointment of Staff Nurses, Pharmacists and Lab Technicians under the District Mineral Fund (DMF). The petitioner, being eligible, applied pursuant to the said advertisement and, after due process, was placed in the waiting list prepared by the authorities. Subsequently, owing to the surge in COVID-19 cases and the urgent requirement of health-care personnel, the respondent authorities issued a notice dated 20.04.2021, whereby it was decided that candidates included in the aforesaid waiting list would be appointed on contractual basis to render their services during the pandemic. In pursuance thereof, the petitioner was appointed and posted at Rajnandgaon vide order dated 23.04.2021. Thereafter, the State Government, acknowledging the invaluable services rendered by health-care workers during the COVID-19 pandemic, took a policy decision vide order dated 07.12.2021, providing that candidates who had successfully rendered services during the pandemic would be awarded 10 bonus marks while being considered for Government employment. Upon successful completion of her contractual COVID-19 duty, the petitioner was issued an experience certificate dated 08.04.2022, granting her entitlement to 10 bonus marks. Thereafter, the respondent No.2 issued an advertisement dated 08.06.2022 inviting applications for appointment to 231 posts of Staff Nurses, Medical Lab Technicians, Psychiatric Nurses, Radiographers and other allied posts. In response to the said advertisement, the petitioner applied on 25.06.2022 for the post of Psychiatric Nurse. It is pertinent to note that clause 15(c) of the aforesaid advertisemen

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