Inclusion in a select list does not confer an indefeasible or vested right to appointment; the State retains the discretion to not fill vacancies, provided such a decision is bona fide and not arbitrary, particularly when candidates fail to meet prescribed cut-off marks.

Hon’ble Shri Justice Amitendra Kishore Prasad

Order on Board

25.11.2025

1. This batch of writ petitions involves identical issues, therefore, in order to decide the same, they are being clubbed together, heard together and are being decided by this common order.

2. The petitioners are seeking indulgence of this Court with a prayer that though they were selected for the post of Lecturer (Commerce) and provisional allotment letter has also been issued to them way back in the year 2022, however, till date, they have not been called for counselling for their appointment. Several other candidates were selected for the said post and time and again, counselling has been done and perhaps this would be 7th round of counselling. As such, the petitioners are seeking a direction to the respondent authorities to call them for the 7th round of counselling and to pass appropriate orders in respect of their appointment.

3. In all the writ petitions, almost same reliefs have been claimed by the petitioners. For the sake of brevity, the reliefs sought by the petitioners in WPS No.5125/2023 (Devendra Singh Chauhan vs. State of Chhattisgarh & Others) has been taken into consideration which are quoted hereinbelow:-

“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 Lecturer.

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 Lecturer (Commerce) 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..”

4. The case, as projected by the petitioners, is that an advertisement dated 09.03.2019 was issued by the respondent No.2 Director, Directorate of Education Department for appointment of Lecturer (Commerce) and accordingly, on the basis of merit, all the petitioners were called for counselling. Their documents were also verified, however, the petitioners were not being given appointment. Subsequently, a writ petition bearing WPC No.591/2012 and other connected matters were filed before this Court to struck down the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon aur Anya Pichhare Vargon ke Liye Arakshan) Sanshodhan Adhiniyam 2011 and amended Niyam, 2012, which was challenged in an SLP before the Hon’ble Supreme Court in SLP(C)No.19668/2022 in which the Hon’ble Supreme Court has passed an order dated 01.05.2023 directing the respondent authorities to go ahead with the selection process and to make appointments and promotions, however, the same shall be subject to final outcome of the SLP preferred before the Hon’ble Supreme Court. Based on the aforesaid order passed by the Hon’ble Supreme Court dated 01.05.2023, a notification dated 03.05.2023 was issued by the State Government and the process of appointment was again initiated. In the order dated 01.05.2023, the validity of the select list was also extended to conclude the selection process.