2026:CGHC:11987-DB ROHIT KUMAR NAFR CHANDRA Digitally signed by HIGH COURT OF CHHATTISGARH AT BILASPUR ROHIT KUMAR CHANDRA WA No. 372 of 2022

1 - State of Chhattisgarh Through The Secretary, Department Of Food, Civil Supplies And Consumer Protection, Block 2, Third Floor, Indravati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh

2 - The Registrar Chhattisgarh State Consumer Commission, New Bus Stand, Pandari, Raipur, District Raipur, Chhattisgarh ... Appellants versus

1 - Smt. Priya Agrawal W/o Shri Prashant Kumar Agrawal Aged About 54 Years R/o 10/4, Kankali Hospital Chowk, Tatyapara, Raipur, District Raipur, Chhattisgarh

2 - Sangram Singh S/o Late Shri Baldau Singh Aged About 50 Years R/o Qtr. No. 58, 59, Sector- 3, Gitanjali Nagar, Raipur, District Raipur, Chhattisgarh

3 - Pramod Kumar Verma S/o Late Shri Tilak Ram Verma Aged About 48 Years R/o Village Mendra, Post Saida, Tehsil And Police Station Sakri, District Bilaspur, Chhattisgarh ... Respondents For State/Appellants : Mr. Praveen Das, Addl. Advocate General For Respondent No.1 : None appears For Respondent No.2 : None appears For Respondent No.3 : Mr. Anup Majumdar, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Parth Prateem Sahu , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

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1. Heard Mr. Praveen Das, learned Additional Advocate General, appearing for the State/appellants. Also heard Mr. Anup Majumdar, learned counsel, appearing for respondent No.3.

2. From perusal of the record, it transpires that notice has been served upon respondent No.2 and though fresh issued to respondent No.1 has already been served upon her on 20.07.2024, but none had appeared on their behalf to contest this appeal.

3. I.A. No. 02 of 2022 is an application for condonation of delay of 73 days in filing the instant appeal.

4. On due consideration and for the reasons mentioned in the application, the same is allowed. Delay in filing the instant appeal is hereby condoned.

5. With the consent of learned counsel appearing for the respective parties, the appeal is heard finally.

6. By way of present writ appeal under Section 2 of Sub-Section (1)

of the Chhattisgarh High Court (Appeal to Division Bench Act, 2006, the State/appellants, who were respondents in the writ petition have challenged the order dated 01.02.2022 passed by learned Single Judge in WPS No.42 of 2022 (Smt. Priya Agrawal & Others Vs. State of Chhattisgarh & Another), by which the writ petition filed by the writ petitioners/ respondents herein has been dismissed by the learned Single Judge.

7. Brief facts, necessary for disposal of this appeal, are that the writ petitioners / respondents herein have preferred a writ petition before this Court being WPS No. 42 of 2022 calling in question legality, validity and correctness of the advertisement issued by respondent No.1 inviting applications for the vacant posts of President, District Commission for the districts of Raigarh, Surguja (Ambikapur), Koriya (Baikunthpur), Kabirdham (Kawardha), Dhamtari and Rajnandgaon, total six posts, and selection process conducted therein for the said posts, principally on the ground that rejection of their candidature for the said posts holding them to be over-aged, is contrary to Rule 4 of the Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020 (for short, ‘the Rules of 2020’) and is liable to be quashed, and also on the ground that the Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (for short, ‘the Act of 1994’) has not been followed and privilege of reservation has not been extended to petitioner No.3 being OBC candidate, therefore, it is liable to be quashed. The aforesaid challenge has been made on the following backdrop :-

(a) It is the case of petitione