2026:CGHC:12565 RJAATGHVENDRADsRJA iA igg T nG iteH adl V by EyNDRA NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2700 of 2023

1 - Yuvraj Kumar Sahu S/o Shri Raja Ram Sahu Aged About 34 Years R/o Village Koma Block Fingeshwar District Gariyaband Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar, Raipur District Raipur Chhattisgarh.

3 - Chhattisgarh Publice Service Commission Raipur, Through Its Secretary, Public Service Commission, Raipur, Shankar Nagar Raipur District Raipur Chhattisgarh.

... Respondent(s)

For Petitioner(s) : Mr. Jeet Ram Patel, Advocate.

For Respondent(s)/State : Mr. Ashutosh Shukla, Panel Lawyer. For Respondent No. 3 : Mr. Anand Mohan Tiwari, Advocate.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

16/03/2026

1. By way of this petition, the petitioner has prayed for following reliefs:-

“10.1 That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders respondents may kindly be directed to consider the case of the petitioner for appointment on the post of Assistant Professor (Hindi) Higher Education Department through the waiting list.

10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider and decide the representation (Annexure P/7) of the petitioner.

10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.”

2. Brief facts of the case, is that, the instant petition has been preferred before this Hon’ble Court against the arbitrary and unjustified inaction on the part of the respondent authorities, whereby the petitioner has been deprived of his rightful consideration for appointment to the post of Assistant Professor (Hindi) from the waiting list, despite the fact that one candidate of the same category has not joined at the place of posting and the petitioner is placed at Serial No. 1 in the overall waiting list. The petitioner has repeatedly approached the respondent authorities since the beginning, seeking consideration for appointment upon clearance of the waiting list; however, neither has his claim been considered nor has the waiting list been operated or exhausted. The Public Service Commission issued an advertisement dated 23.01.2019, followed by a corrigendum dated 08.01.2021, inviting applications for various posts of Assistant Professors in different subjects, including 50 posts for Assistant Professor (Hindi), out of which 20 posts were unreserved, 05 for Scheduled Castes, 15 for Scheduled Tribes, 06 for Other Backward Classes, and 04 backlog posts. The petitioner, belonging to the OBC category, duly applied for the said post, appeared in the written examination, and upon declaration of the result, the final selection list along with the merit and waiting list was published on 25.02.2021, wherein the petitioner was placed at Serial No. 1 in the overall waiting list. Subsequently, posting orders for 40 selected candidates were issued on 04.01.2022, and appointment orders for the remaining 10 candidates were also issued on different dates. One such selected candidate, namely Shivnandan Shukla, placed at Serial No. 11 in the final selection list, was allotted posting at Government Rani Durgavati College, Wadrafnagar, District Balrampur (C.G.) on 24.03.2022; however, he has not joined the said post and is presently serving as Assistant Professor (Hindi) in the State of Uttar Pradesh. In such circumstances, since the petitioner, being an OBC candidate, stands first in the waiting list, he is entitled to be considered for appointment against the said vacant post. Despite this, the respondent authori