Digitally signed YOGESH by YOGESH TIWARI TIWARI Date: 2026.01.14

2026:CGHC:2101 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5730 of 2023 Gopal Singh S/o Shri Vishram Singh Aged About 26 Years R/o Ward No. 08 Badepara Kunwapani, North Bastar Kanker, District North Bastar Kanker, Chhattisgarh.

... Petitioner versus

1 - The Chairman Selection Committee Office of District And Sessions Judge, North Bastar Kanker District North Bastar Kanker, Chhattisgarh.

2 - Smt. Amrotina Tandiya W/o Shri Kewal Ram Tandiya, R/o Village Tuegahan Saliyapara Post Hatkarra District North Bastar Kanker, Chhattisgarh.

3 - Ku. Digeshwari D/o Shri Siyaram R/o Village Seleganv Post Seleganv, Tahsil Bhanupratappur, District North Bastar Kanker, Chhattisgarh.

... Respondents (Cause-title taken from Case Information System)

For Petitioner : Ms. Prachi Diwan, Advocate on behalf of Mr. Rohitashva Singh, Advocate For Respondent No.1 : Mr. Ashish Surana, Advocate (through VC)

along with Mr. Karunendra Narayan Singh, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

13.01.2026

1. The petitioner has filed this writ petition with the following relief(s):-

“10.1 That this Hon'ble Court may kindly be pleased to direct the respondents to produce entire records of the selection process of the post of sweeper and also in respect of petitioner's appointment for the post Sweeper.

10.2 That this Hon'ble Court may kindly be pleased to quash the select list dated 07/08/2023 issued by the respondent authorities and also be pleased to quash the appointment order dated 08.08.2023 issued in favour of the respondent no. 2 and 3.

10.3 That this Hon'ble Court may kindly be pleased to direct to respondent authorities to issue appointment order of petitioner regarding post of Sweeper as early as possible.

10.4 That this Hon'ble Court may kindly be pleased to grant any other relief(s) as deemed fit and necessary by this Hon'ble Court in the facts and the circumstances of the case.

10.5 That this Hon'ble Court may kindly be pleased to grant cost of present petition.”

2. Learned counsel for the petitioner submits that the entire selection process adopted by the respondent authorities is arbitrary, unreasonable, and violative of Articles 14 and 16 of the Constitution of India. It is submitted that pursuant to the advertisement dated 04.02.2023, the petitioner applied for the post of Sweeper under the Scheduled Caste category and secured first rank in the merit list, thereby establishing his superior merit and eligibility.

3. Learned counsel further submits that no marks, benchmarks, or evaluation criteria were prescribed for the skill test in the advertisement, and after the publication of the merit list, the respondent authorities could not have lawfully displaced the petitioner from the select list without assigning any reasons or disclosing the basis of such exclusion. The subsequent act of shifting the petitioner from the select list to the waiting list is therefore ex facie arbitrary, illegal, and unsustainable in law.

4. It is submitted by learned counsel for the petitioner that the petitioner duly appeared in the skill test and was never informed of any deficiency, disqualification, or adverse assessment. Despite this, the final select list was published excluding the petitioner, while respondents No. 2 and 3, who were lower in merit, were granted appointment. Such action amounts to changing the rules of the game after the game had begun, which is impermissible in law. He submits that the petitioner raised objections before the respondent authorities immediately upon publication of the final select list; however, the same were ignored without passing any speaking order or granting an opportunity of hearing, in gross violation of the principles of natural justice. It is therefore submitted that the impugned select list dated 07.08.2023 and appointment order dated 08.08.2023 deserve to be quashed and set aside, and the respondent authorities be directed to consider the case