Digitally signed by NAFR SHAYNA KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7602 of 2023

1 - Lokeshwar Dewangan S/o Shri A. R. Dewangan Aged About 31 Years R/o Shankarpur, Rajnandgaon, District Rajnandgaon (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur (C.G.)

2 - Director Directorate Education Department, Indrawati Bhawan, Nava Raipur, District Raipur (C.G.)

... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. C. J. K. Rao, Advocate For State : Mr. Arpit Agrawal, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

02/01/2026

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

“10.1. That, this Hon'ble Court may kindly be pleased to set-aside the advertisement dated 04.05.2023 (Annexure P-6) issued for the post of Assistant Teacher.

10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent No.2 to consider the petitioner for the post of Assistant Teacher (Science) English Medium and issue appointment order in compliance to the order passed by the Hon'ble Supreme Court dated 01.05.2023.

10.3. That, this Hon'ble Court may kindly be pleased to direct the respondents to extend the validity of the select list in compliance to the order passed by the Hon'ble Supreme Court dated 01.05.2023.

10.4. That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.

10.5. Cost of the petition.”

2. Facts of the case, in a nutshell, are that pursuant to the advertisement dated 09.03.2019 issued for recruitment to the post of Assistant Teacher (Science), English Medium, the petitioner duly applied and was selected on merit, as reflected in the result published by the respondents. Despite being placed in the select list, no appointment order was issued to the petitioner. In the meantime, this Court, in WP(C) No. 591/2012 and connected matters, struck down the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon aur Anya Pichhare Vargon ke Liye Arakshan) (Sanshodhan) Adhiniyam, 2011 and the amended Rules, 2012, against which the State of Chhattisgarh preferred an SLP before the Hon’ble Supreme Court, resulting in withholding of the entire recruitment process in the State. Subsequently, the Hon’ble Supreme Court, in SLP (C) No. 19668/2022, by interim order dated 01.05.2023, permitted the State to proceed with the selection process and make appointments, subject to the final outcome of the proceedings, pursuant to which the General Administration Department issued a notification dated 03.05.2023. The said interim order had the effect of extending the validity of the select list so as to enable completion of the stalled selection process. The petitioner had already been issued a provisional allotment letter dated

12.08.2022 for the post of Assistant Teacher; however, despite the aforesaid directions of the Hon’ble Supreme Court and availability of vacancies, the respondent authorities failed to issue appointment orders and instead issued a fresh advertisement dated 04.05.2023. Earlier also, the validity of the select list had been extended vide notification dated 30.03.2022 on account of pending litigation. Even thereafter, the respondents have not complied with the interim directions of the Hon’ble Supreme Court, thereby depriving the petitioner of appointment, who has now become over-age and is unable to participate in the fresh recruitment process, despite vacancies still being available for the post of Assistant Teacher (Science), English Medium.

3. Learned counsel for the petitioner submits that the action of the respondent authorities is wholly illegal, arbitrary and tainted with mala fides. It is contended that despite clear and categorical observations made by the Hon’ble Supreme Court in its order dated 01.05.2023, permitting the State to proceed with the selection process an