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2026 Supreme(Online)(Chh) 11373

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ravindra Kumar Agrawal, J
Devendra Kumar Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 3143 of 2014

Advocates:
For the Appellants/Petitioners: Ishan Saluja, Mateen Siddique
For the Respondents: Isha Jajodiya, Natasha Khan, Y.S. Thakur, Priyanka Rai, Abhishek Thakur

Public selection processes must adhere to transparency and equality under Articles 14 and 16; the arbitrary suppression of a qualified candidate's application, coupled with conflict of interest in selection, vitiates the entire process, requiring judicial intervention to ensure fair recruitment.

Headnote:(A) Constitution of India - Article 226 - Public Employment - Selection process vitiated by arbitrariness and lack of transparency - Exclusion of candidate despite timely submission of application and subsequent suppression of records constitutes denial of equal opportunity. (Para 19)

(B) Administrative Law - Public Appointment - Judicial Review - In cases where state action is challenged as arbitrary, the burden shifts to the state to justify the reasonableness of the decision. (Para 18)

Facts of the case:
The petitioner applied for the post of Revenue Sub-Inspector in 2012 but was excluded from the selection process without his name appearing in any list. Upon investigation via RTI, the petitioner discovered his application had been received but suppressed. Allegations were also raised that the selected candidate was appointed due to undue influence by his father who served as the Chief Municipal Officer, and that the selected candidate had submitted an experience certificate issued by his own father.

Findings of Court:
The Court found that the respondents' admission of a 'clerical mistake' in the exclusion of the petitioner's application resulted in an arbitrary selection process that lacked transparency. The Court held that the appointment of the respondent No. 4 was tainted by procedural irregularities and conflict of interest.

Issues: Whether the exclusion of the petitioner's candidature and the subsequent selection of respondent No. 4 were arbitrary, discriminatory, and in violation of the principles of equality in public employment.

Ratio Decidendi: Where a selection process is conducted in a manner devoid of transparency, and qualified candidates are excluded through arbitrary suppression of applications, such a process cannot be sustained in law. Public bodies have a duty to maintain proper records and provide equal opportunity to all aspirants, failure of which renders the resultant appointments unsustainable.

Result: Writ petition allowed. Appointment of respondent No. 4 quashed. Respondents directed to conduct a fresh selection process.

Table of Content
1. failure to consider validly submitted applications violates the right to participate in public selection. (Para 1 , 1 , 2 , 3)
2. procedural irregularities and clerical mistakes cannot shield a selection process from the requirements of transparency. (Para 4 , 5 , 6 , 7)
3. suppression of applications leads to arbitrary recruitment, particularly when conflict of interest is present. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14)
4. public appointments must be based on competition and known rules, not individual arbitrariness or nepotism. (Para 15 , 16 , 17 , 18)
5. quashment of tainted recruitment processes is necessary to restore constitutional fairness and equal opportunity. (Para 19 , 20 , 21)

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner against the order dated 23.03.2013, Annexure P/1, which is the appointment order of respondent No.4 on the post of Revenue Sub Inspector (Unreserved) at Municipal Council, Bhatapara, and also for quashing his joining letter dated 01.08.2013 and prayed for following reliefs in the present writ petition:

“10.1) The Hon'ble Court may kindly be pleased to quash the impugned recommendation order dated 23.03.2013 of appointment of the respondent No.4 namely Satish Singh Chauhan, on the post of Revenue Sub-Inspector (Annexure P-1);

10.2) The Hon'ble Court may kindly be pleased to quash the joining order dated 01.08.2013 of the respondent No.4 namely Satish Singh Chauhan on the post of Revenue Sub-Inspector (Annexure-P/2);

10.3) The Hon'ble Court may kindly be pleased to direct the respondent to consider the candidature of the petitioner for the post of Revenue Sub- Inspector,

10.4) Any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner, in the interest of justice.”

2. Brief facts of the case are that, an advertisement for appointment on the post of Revenue Sub Inspector (one post for unreserved category) was published on 16.11.2012 by the Municipal Council Bhatapara, District Baloda Bazar Bhatapara. The other posts were also advertised by the said advertisement, however, in the present writ petition the post of Revenue Sub Inspector is the subject matter, therefore, only the post of Revenue Sub Inspector is being dealt with. The requisite qualification for the post of Revenue Sub Inspector was Graduation from any recognized University and having passed Post Graduate Diploma in Computer Application (PGDCA). The last date for submission of application was 06.12.2012. It was also condition in the advertisement that employees working as daily-wager/work-charged employees and temporary employees would be given preference on the basis of their length of service and they are required to submit the relevant certificate along with application form. Although a corrigendum was also issued and last date of submission of application form was extended up to 10.12.2012, but the said corrigendum was with respect to other posts of the advertisement.

3. The petitioner considering himself to be qualified for the said post of Revenue Sub Inspector, applied for the same and submitted his application form on 04.12.2012 alongwith all requisite documents under the advertisement. After last date of submission of application form, when the list of eligible and ineligible candidates were published by the Municipal Council, Bhatapara, the name of petitioner does not find place either in the list of eligible or ineligible candidates. Subsequently, the petitioner came to know about the appointment order dated 23.03.2013 in which it was mentioned that after recommendation of District Selection Committee on its meeting dated 15.03.2013, interview was conducted. Since the petitioner was also one of the aspirant and his name also did not find place in the list of eligible/ineligible candidates, he made efforts to get the details of his application form then he came to know that his application form was suppressed

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2026 Supreme(Online)(Chh) 11373

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRavindra Kumar Agrawal, JDevendra Kumar Sahu – AppellantVersusState Of Chhattisgarh – RespondentWPS No. 3143 of 2014

Public selection processes must adhere to transparency and equality under Articles 14 and 16; the arbitrary suppression of a qualified candidate's application, coupled with conflict of interest in selection, vitiates the entire process, requiring judicial intervention to ensure fair recruitment.

Cases Referred (3)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ravindra Kumar Agrawal, J
Devendra Kumar Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 3143 of 2014