2026:CGHC:7616 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1663 of 2026

1 - Mukesh Kumar S/o Shri Bhaiya Ram, Aged About 24 Years R/o Khalhe Para, Village Lofandi, Post Lofandi , District- Bilaspur (C.G.)

... Petitioner Versus

1 - State Of Chhattisgarh Through The Secretary, Public Health Engineering Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District-

Raipur (C.G.)

2 - The Engineer In Chief, Public Health Engineering Department, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.)

3 - Superintending Engineer, Kondagaon Circle, District- Kondagaon (C.G.)

4 - Chhattisgarh Professional Examination Board (Cg- Vyapam), Through The Controller Of Examination Vyapam Bhawan, North Block, Sector- 19, Nawa Raipur, Atal Nagar, District- Raipur (C.G.)

5 - Union Of India, Through Secretary, Ministry Of Skill Development And Entrepreneurship, Director General Of Training, Shram Shakti Bhawan, Rafi Marg, New Delhi – 11001

6 - Khagendra Kumar Dhiwar, S/o Rampal Dhiwar R/o Rasauta, Tahsil Pamgarh, District- Janjgir- Champa (C.G.) Presently Posted As Handpump Technician Office Of The Superintending Engineer, Phe Circle Kondagaon (C.G.)

... Respondents For Petitioner : Mr. Kamlesh Patel, Advocate For Respondents/State : Mr. Gary Mukhopadhyay, Additional Advocate General For Respondent No. 4 : Mr. Abhishek Singh, Advocate For Respondent No. 5 : Mr. Ramakant Mishra, Dy. Solicitor General SB: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

11/02 /2026

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

“10.1 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to produce entire records pertaining to the instant matter.

10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction, setting-aside the impugned action of respondent authoriities whereby, the petitioner has been held ineligible and further to declare him eligible for the post of ‘Handpump Technician’ and to grant him appointment on the aforesaid post with the respondent department.

10.3 That, this Hon’ble Court may kindly be pleased to set-aside the selection of Respondent No. 6 (Khagendra Kumar Dhiwar) and also, the appointment order issued to the Respondent No. 6 (Khagendra Kumar Dhiwar) by the respondent department.

10.4 Pass such other writ(s), order(s), or direction (s) as this Honb’le Court may deem fit and proper in the interest of justice.”

2. Learned counsel for the petitioner submits that the Respondents/State had issued an advertisement dated 23.04.2025 (Annexure P/1) for appointment of Hand-pump Technicians for which, qualification prescribed as ‘Qualified Higher Secondary Examination or 10 + 2 examination and must have passed 02 years course certificate from Industrial Training Institute (I.T.I.) in Fitter Trade or Mechanical Trade or Motor Mechanical Trade, Tractor Mechanical Trade, Automobile Mechanic Trade, Machinist Trade. Preference will be given to Fitter Trade.’ According to the petitioner, his application was rejected without giving any information or opportunity of hearing and therefore, this writ petition is filed. In support of his contention, he places reliance upon the decision of the Hon’ble Supreme Court in the case of Laxmikant Sharma Vs. State of Madhya Pradesh & Ors. reported in (2025) INSC 1385

3. Learned counsel for the Respondents/State vehemently opposes the submission of counsel for the petitioner and would submit that from the documents enclosed along with the writ petition, it is appearing that the petitioner has obtained certificate of training in the trade of Refrigeration and Air Conditioning Technician, whereas, the advertisement (Annexure P/1) is issued for appointment of Hand-pump Technician. It is also contended that in the advertisement (Annexure P/1), requisite qualification is specifically mentioned as the certificate from the concerned Industrial Training Institute in Fitter Trade or Mechanical Trade or Motor Mechan