Statutory recruitment rules prescribing ratios for promotion and direct recruitment must be interpreted to ensure both channels remain functional. Fractional calculations cannot be used to eliminate one quota entirely, and challenges to concluded selection processes are impermissible without impleading the selected candidates.

C.A.V. Order

1. Since the issue involved in both the writ petitions is identical in nature and arises out of the same Advertisement dated 08.02.2023 issued by the Chhattisgarh Public Service Commission, both the petitions were analogously heard together. As the questions of law and facts involved are substantially similar, they are being decided by this common order to avoid repetition of facts and to ensure consistency in adjudication.

2. The present writ petitions have been instituted by the respective petitioners challenging the legality, propriety, and correctness of the Advertisement dated 08.02.2023 issued by the Chhattisgarh Public Service Commission for direct recruitment to the posts of Reader in the Medical Education (Ayush) Department.

3. In W.P.S. No. 1569/2023, the grievance of the petitioner is that the impugned advertisement has been issued on the basis of outdated Guidelines of the year 2007, ignoring the subsequent amendment brought into force vide Circular dated 09.11.2011 issued by the Under Secretary, Health and Family Welfare Department, Government of Chhattisgarh, whereby the post of Reader (Panchkarm) was earmarked exclusively as a promotional post with no provision for direct recruitment. It is thus contended that the very issuance of the advertisement for direct appointment to such post is contrary to the prevailing rules and is therefore illegal and without authority of law.

4. Similarly, in W.P.S. No. 1839/2023, the petitioner has assailed the same advertisement to the extent it notifies the post of Reader (Kayachikitsa) for direct recruitment, despite the governing service rules prescribing that only 25% of such posts may be filled through direct recruitment and the remaining 75% through promotion. The petitioner, being the senior-most eligible Lecturer in the concerned discipline, contends that he has been arbitrarily denied consideration for promotion due to the action of the respondents in resorting to direct recruitment in disregard of the statutory quota. It is further urged that such action reflects clear apathy and inaction on the part of the authorities in not filling promotional vacancies in accordance with the applicable rules, thereby causing grave prejudice to the petitioner’s service rights.

5. Thus, both the petitions have been filed primarily on the ground that the impugned advertisement is contrary to the applicable recruitment rules and amended guidelines, resulting in unlawful diversion of promotional posts to direct recruitment, and consequently depriving the petitioners of their legitimate right of consideration for promotion, rendering the impugned action arbitrary, illegal, and unsustainable in the eyes of law. Hence, these writ petitions seeking following reliefs :

WPS No. 1569 of 2023 :

“10.1 The Hon'ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioner.

10.2 That, the Hon'ble Court may kindly be pleased to stay the selection process conducted through Direct Recruitment for the post of Reader Panchkarm released through Advertisement dated 8/02/2023.

10.3 That, the Hon'ble Court may kindly be pleased to Direct the Respondent to stop the selection process conducted through Direct Recruitment for the post of Reader Panchkarm released through Advertisement dated 8/02/2023 and Direct the Respondents consider the Petitioner for Promotion.

10.4 That, the Petitioner is entitled for promotion to the Post of Reader Panchkarm from the date when his contemporaries were pr