Horizontal reservation operates through an interlocking mechanism where candidates are adjusted within vertical categories based on merit. Procedural rules regulating this mechanism are within the commission's competence and do not violate Articles 14, 16, or 320 of the Constitution.

C.A.V. Order

Per; Amitendra Kishore Prasad, Judge

1. The present petition has been filed challenging the legality and constitutional validity of Clause 1 of the Amendment Notification dated 19.03.2021 issued by the Chhattisgarh State Public Service Commission (CGPSC), whereby a new Clause 17.6 was inserted in the Rules of Procedure, 2014. The petitioners contend that the said provision is ultra vires Article 320 of the Constitution of India, violative of Section 34 of the Rights of Persons with Disabilities Act, 2016, and infringes Articles 14 and 16 of the Constitution.

The petitioners have further challenged the final selection list dated 14.07.2021 for the post of Assistant Professor (Botany), which has been prepared on the basis of the impugned amendment, alleging that it is contrary to applicable reservation rules, particularly in respect of the Physically Handicapped/Divyangjan quota. The petitioners have also questioned the selection of private respondents, contending that they were selected by improper application of reservation, resulting in the petitioners being wrongly placed in the waiting list. The petitioners have prayed for following reliefs :--

“i. To kindly hold and declare that the impugned Clause no.1 of the Amendment 111 Notification vide no.2268/Ped/2014/Su.Prau dated 19/03/2021 issued by the respondent Chhattisgarh State Public Service Commission (in short CGPSC) amending the CGPSC Rules of Procedure and-2014 (in short ROP) is ultra vires to the Constitution of India. (Annexure P/1)/

ii. To kindly quash the impugned final selection list dated 14/07/2021 and direct the respondent CG Public Service Commission to re-issue the select list in accordance with law. (Annexure P/2)/

iii. To kindly direct the respondent CG Public Service Commission to cancel the selection of less meritorious respondents no.4 to 6 for the post of Assistant Professor-Botany and consider the petitioners for selection in the unreserved category.

iv. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”

2. The facts of the case, in brief, are that the petitioners are eligible candidates for appointment to the post of Assistant Professor in Botany, possessing the requisite educational qualifications. The Chhattisgarh Public Service Commission (CGPSC) issued Advertisement No. 02/2019 dated 18.01.2019 inviting applications for various posts of Assistant Professor, including 147 posts in Botany, wherein certain posts were reserved for Physically Handicapped/Divyangjan candidates. The advertisement was subsequently modified through multiple corrigenda altering, inter alia, the number of posts reserved for the Divyang category. Pursuant to the advertisement, the petitioners applied, were issued admit cards, and appeared in the written examination conducted in November 2020, followed by interviews for which they were called vide letter dated 24.06.2021. During the pendency of the selection process, CGPSC issued an amendment notification dated 19.03.2021 introducing Clause 17.6 in the Rules of Procedure, 2014, which governed the preparation of the final select list. The petitioners participated in the interview process and secured higher marks than certain private respondents (respondents No. 4 to 6). However, when the final selection list dated 14.07.2021 was published, the petitioners were placed in the supplementary/waiting list, while respondents No. 4 to 6 were selected. The grievance of t