2026:CGHC:95 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2442 of 2024 Reserved on : 25.11 .2025 Delivered on : 02.01.2026 • Vijay Tonder S/o Rambhajan Tonder Aged About 31 Years R/o Village Sukhatal, Post Sarangpur (Kala), Tehsil And Block Kawardha, District Kabirdham (C.G.)

... Petitioner versus

1 - State Of Chhattisgarh Through Its Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Post Office Rakhi, District Raipur (Cg)

2 - Commissioner, Higher Education, Indravati Bhawan, Naya Raipur, Atal Nagar, Post Office Rakhi, District Raipur (C.G.)

3 - Chhattisgarh Public Service Commission, Through Its Secretary, North Block, Sector-19, Nava Raipur, Atal Nagar (Chhattisgarh) Pin 492002 ... Respondents For Petitioner : Mr. Dhani Ram Patel, Advocate For State : Mr. Lav Sharma, Panel Lawyer For Respondent/P.S.C. : Mr. Anand Mohan Tiwari, Advocate Hon'ble Shri Narendra Kumar Vyas, J.

CAV ORDER

1. The petitioner has filed this writ petition assailing the order dated

30.04.2024 passed by respondent No. 1 by which the candidature of the petitioner who was wait list candidate on the post of Assistant Professor, Computer Science has been rejected though the one post of Assistant Professor Computer Science reserved for SC candidate is lying vacant on account of non-joining by one Ram Ratan Khunte.

Digitally signed by BHUMIKA BHUMIKAANGARE ANGARE Date:

2026.01.02 +0530

2. The brief facts as reflected from records are that-

A) On 23.01.2019, the C.G. Public Service Commission (CGPSC) issued an advertisement for several posts including the backlog posts of Assistant Professor, Computer Science and the petitioner being qualified having requisite qualification applied for the said post on Scheduled Caste Category, final select list was issued on 30.06.2021, wherein the petitioner found place in the waiting list at Serial No. 1 in the S.C. Category. Pursuant to the said final select list, the appointment orders were issued on 21.01.2022, 22.02.2022, 26.05.2022, 08.08.2022 & 31.05.2023.

B) It is submitted that one of the selected candidates namely Ram Ratan Khunte applied for the post in two streams i.e. Assistant Professor, Computer Science and Assistant Professor, Computer Application and in both the streams he got selected, therefore, he opted to choose against the post of Assistant Professor, Computer Application and preferred an application on 07.07.2023 before the respondent authorities informing that since he joined in Computer Application stream, he does not want to join on the post of Computer Science.

C) The petitioner preferred a representation on 22.08.2023 before the respondent authorities stating that his name is in the waiting list at Serial No. 1 in S.C. Category and the selected candidate namely Ram Ratan Khunte has not joined the said post, therefore, he may be appointed against the post of Assistant Professor, Computer Science. The representation dated 22.08.2023 preferred by the petitioner has been rejected by respondent authorities vide order dated 30.04.2024 which has been assailed by the petitioner in this petition.

3. The Chhattisgarh Public Service Commission/respondent No. 3 has filed its reply mainly contending that the petitioner is claiming appointment on the post of Assistant Professor (Computer Science) as he was a waiting list candidate, but the computation of the validity period of the supplementary list starts from the date of publication from the final select list i.e. 30.06.2021. It has also been contended that as per the provisions of Rule 12(3) & (7) of the Chhattisgarh Educational Service (Collegiate Branch, Gazetted) Recruitment Rules, 2019, only a one-time extension can be granted for extending the validity period of the select & waiting list. Accordingly, the select and supplementary list is valid only up to 30.06.2023 and till this date, there has been no communication made by the department for providing the name candidate from the waiting list. However, the petitio