2025:CGHC:61604 Digitally NAFR signed by SHAYNA KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7715 of 2023

1 - Vijyasree N Nechikkatt W/o Dr. C.P. Pramod Aged About 41 Years R/o Quarter No. 26-B (P), Street No. 16, Sector-2, Bhilai, District Durg (C.G.)

--- Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Health, Family Welfare And Medical Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.)

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

3 - Public Service Commission Through Its Secretary, Office At North Block, Sector- 19, Nava Raipur, Atal Nagar, District Raipur (C.G.)

--- Respondent(s)

WPS No. 9117 of 2023

1 - Dr. Sushma Singh W/o Dr. Vinay Kumar Singh Aged About 41 Years R/o Quarter No. E-1, Government Engineering College Campus Jagdalpur, District Bastar (C.G.)

---Petitioner(s)

Versus

1 - State Of Chhattisgarh Through The Secretary, Health Family Welfare And Medical Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.)

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

3 - Public Service Commission Through Its Secretary, Office At North Block, Sector-19, Nava Raipur, Atal Nagar, District Raipur (C.G.)

--- Respondent(s)

(Cause title is taken from Case Information System)

For Petitioners : Mr. C. J. K. Rao, Advocate For State : Mr. Rahul Tamaskar, Govt. Advocate For Resp. No. 3 : Mr. Anand Mohan Tiwari, Advocate (Hon'ble Shri Amitendra Kishore Prasad, Judge)

Order on Board

17/12/2025

1. The writ petitions being W.P.S. Nos. 7715/2023 and 9117/2023, arise out of a common factual matrix and involve identical issues pertaining to consideration of eligible candidates from the waiting list for appointment to the post of Demonstrator in the subject of Biochemistry under the Department of Medical Education. In view of this commonality, the petitions were clubbed, heard together, and are being disposed of by this common judgment.

2. The petitioners in these writ petitions have prayed for following reliefs :

“10.1. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the petitioner for the post of Demonstrator for the subject of Biochemistry from the waiting list of UR category published on 30.03.2022 by the respondent No.3 in pursuance to the letter issued by the respondent No.1 on 12.09.2023 (in W.P.S. No. 7715/2023) and 11.10.2023 (in W.P.S. No. 9117/2023)

10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent No.3 to send the name of candidates of waiting list for the post Demonstrator in the subject Biochemistry to the respondent No.1.

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

3. Facts of the case, as projected by the petitioners in these writ petitions, are that the grievance raised pertains to non- consideration of eligible wait-listed candidates for appointment, despite availability of vacant posts and repeated judicial directions. Pursuant to an advertisement issued for appointment to the post of Demonstrator in the subject of Biochemistry, the petitioners duly applied and participated in the selection process. The Public Service Commission issued a merit list on 30.03.2022 comprising 17 candidates. The petitioners were placed in the waiting list under the Unreserved (UR) category, one petitioner being at Serial No. 5 and the other at Serial No. 8 in the said waiting list. After issuance of the merit list, several selected candidates either failed to appear for document verification or did not join the post. In particular, candidates at certain serial numbers did not appear for document verification, and the candidate at Serial No. 4 did not join. As a result, at least three posts in the UR category for the post of Demonstrator (Biochemistry) r