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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5638 of 2021

1. Manoj Kumar Yadaw, S/o Shri Nand Ram Yadaw, Aged About 41 Years, R/o Firangipara Ward No. 04, Kargiroad Kota, District-

Bilaspur (C.G.)

2. Smt. Sarita Rajak, D/o Shri Sukhlal Rajak, Aged About 29 Years, R/o Ward No. 28, Qrt. No. 25, New Koriya Minus, Ekta Nagar, Godipara, District- Koriya (C.G.)

3. Dhanesh Kumar Sahu, S/o Shri Sukhram Sahu, Aged About 27 Years, R/o H.No. 134, Thakurdev Para Chowk, Ward No. 06, Baijalpur, Post Nimwa, District- Bemetara (C.G.)

4. Set Kumar Sahu, S/o Shri Bipin Bihari Sahu, Aged About 28 Years, R/o C/o Housing Board Colony, Police Line Raipur, District- Raipur (C.G.)

5. Leena Yadav, D/o Shri Bodhan Ram Yadav, Aged About 27 Years, R/o Village Ghonth, Post Nawagaon, Tehsil Abhanpur, District- Raipur (C.G.)

6. Neelkanth Tarak, S/o Shri Bharat Lal Tarak, Aged About 39 Years, R/o Village Kapsidih (Teka), Post Deori, Rajim, Fingeshwar, District- Gariyaband (C.G.)

7. Hemlata Sahu, S/o Shri Kanwalram Sahu, Aged About 29 Years, R/o Village and Post Beltukri, Via Rajim, District- Gariyaband (C.G.)

8. Lukeshwari Sahu, D/o Shri Satrughan Lal Sahu, Aged About 26 Years, R/o Village Motimpur, Post Kundel, Tehsil Magarload, District- Dhamtari (C.G.)

---- Petitioners Versus

1. State of Chhattisgarh, Through its Secretary Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Rapur, District- Raipur (C.G.)

2. Director, Directorate of Public Instruction, Indrawati Bhawan, Block-C, 1st Floor, Atal Nagar, Nawa Raipur, District- Raipur (C.G.)

---- Respondents For Petitioners : Mr. Mateen Siddiqui, Advocate with Mr. Ghanshyam Kashyap, Advocate For State : Mr. Amrito Das, Panel Lawyer.

Hon'ble Shri Justice Narendra Kumar Vyas

Advocates:
['NARENDRA MEHAR', '', 'SANDEEP SINGH', 'ishan verma', 'NELSON PANNA', 'RAHUL SHARMA', 'Ghanshyam Kashyap', 'A G']

Order on Board

16.08.2022

1. The petitioner has filed the instant petition claiming for following reliefs:-

entire records of the case for its kind perusal.

appropriate writ/order/direction and be pleased to direct the respondent authorities to issue appointment/joining orders in favour of the petitioners on the vacant posts of Lecturer (Physics) in view of the order dated 15.09.2020, within a specified time frame as deem fit and proper by this Hon'ble Court.

10.3 That, any other relief(s) which the Hon'ble Court deems fit &

proper may kindly be pleased o granted in favour of the petitioners.

2. Considering the grievances raised by the petitioner, this Court had issued direction to the State to inform the Court with regard to non- issuance of appointment order of the petitioners. In pursuance of direction of this Court, the State has submitted details of last candidate belongs to OBC category who have been selected as Lecture (Physics) in Education & T cadre. Petitioner No. 8- Lukeshwari Sahu has secured 768 & 725 rank in E & T cadre. Similarly, petitioner No. 6-Neelkanth Tarak has secured 752 & 709 rank. Petitioner No.5- Leena Yadav has secured 722 & 679 rank. Petitioner No. 3- Dhanesh Kumar Sahu has secured 718 & 675 rank. Petitioner No. 2- Smt. Sarita Raja has secured 781 & 738 rank in E & T cadre respectively. Petitioner No. 1- Manoj Kumar Yadaw has secured 773 & 730 rank in E & T cadre. The respondents have placed on record the brief description of this matter and has informed this Court that in OBC category in E & T cadre, the candidates who have secured 702 & 672 rank in E & T cadre, have been given appointment on the post of Lecture (Physics). Since, the petitioners are have secured below the last rank who have been given appointment, the case of the petitioner cannot be considered for appointment. The brief note submitted by Dy. Director, Public Instruction reads as under:-

“la{ksfidk ekuuh; mPp U;k;ky; esa ;kfpdk dz- 5638@2021 eukst ;kno fo:) NRrhlx<+ 'kklu ,oa vU;

&&0&&

O;k[;krk lh/kh HkrhZ 2019 esa Jh eukst ;kno ¼jksy ua-

& 13224064½ fo"k;& HkkSfrdh }kjk OBC Js.kh esa O;k[;krk in ds fy;s vkosnu fd;k x;kA vH;FkhZ eukst ;kno dks O;kie }kjk tkjh ijh{kk ifj.kke ds vuqlkj 28-19 vad rFkk bZ jSad& 773] Vh jdSa & 730 izkIr gqvk gSA eukst ;kno dk nLrkost lR;kiu fnukad 05@02@2021 dks yksd f'k{k.k lapkyuky; esa fd;k x;k gSA yksd f'k{k.k lapkyuky; }kjk f}rh; vuqiwjd lwph esa fo"k;& HkkSfrdh] OBC Js.kh esa bZ jSad& 702 rFkk Vh jSad& 672 rd ds vH;fFkZ;ksa dh fu;qfDr vkns'k tkjh fd;k x;k gSA vH;FkhZ eukst ;kno dks O;kie }kjk tkjh ijh{kk ifj.kke ds vuqlkj viuh vkosfnr Js.kh esa jSad uhps izkIr gksus ds dkj.k mUgsa fu;qfDr vkns'k tkjh ugh fd;k x;kA”

3. Since the candidates who have secured better position than the petitioners have been appointed and the candidates have secured less than the merit position have not been appointed, therefore, there is nothing to be adjudicated by this Court in this petition at this stage.

4. With the aforesaid observations, the instant petition stands disposed of. Still the petitioners have some grievances, the petitioner are at liberty to file a fresh petition raising their grievances, if any.

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