2024:CGHC:28412
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 849 of 2022
1. Pooja Sahu D/o Shri Heera Lal Sahu Aged About 29 Years R/o Ward No. 21,
Manni Mohalla, Manendragarh, District Koriya, Chhattisgarh.
---- Petitioners
versus
1. State Of Chhattisgarh The Secretary, Department Of Medical Education,
Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur, Chhattisgarh.
2. Director, Medical Education, Raipur Through Director Old Nurses Hostel, D.K.S.
Bhawan, Raipur, District Raipur, Chhattisgarh.
3. Presiding Officer Government Medical College, Ambikapur, District Ambikapur,
Chhattisgarh.
---- Respondents
WPS No. 833 of 2022
1. Sushma D/o Shri Gourishankar Sahu Aged About 27 Years R/o House No. 14,
Gulmohar Park, Kota Road, Gudiyari , Raipur , District Raipur Chhattisgarh.
----Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Medical Education
, Mahanadi Bhawan, Mantralaya , Atal Nagar , Raipur , District Raipur Chhattisgarh.
2. Director Medical Education, Raipur , Through Director Old Nurses Hostel , D.K.S.
Bhawan, Raipur , District Raipur Chhattisgarh.
3. Presiding Officer Government Medical College , Ambikapur , District Ambikapur
Chhattisgarh.
---- Respondents
WPS No. 960 of 2022
1. Vidyawati Vishwakarma D/o Rudhan Ram Vishwakarma Aged About 31 Years
R/o Village 5th Battalion, Kanguli, Jagdalpur, District Jagdalpur Chhattisgarh.
----Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Medical
Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District Raipur
Chhattisgarh.
2. Director Medical Education, Raipur, Through Director Old Nurses, Hostel D.K.S.
Bhawan, Raipur, District Raipur Chhattisgarh.
3. Presiding Officer Government Medical College, Ambikapur, District Ambikapur,
Chhattisgarh.
---- Respondents
For Petitioners : Shri Yogendra Chaturvedi, Advocate.
For Respondent/State : Shri Shalin Singh Baghel, Dy. Govt. Advocate.
Hon’ble Shri JusticeSachin Singh Rajput
Order On Board
31/07/2024
1. Since identical issued is involved in these petitions, they are
being heard and decided by this common order.
2. Sake of convenience the facts of WPS No. 849/2022 is being
considered. Facts of the case in nutshell is that an
advertisement was published by the Government Medical
College, Ambikapur, District- Surguja (C.G.) on 15/09/2017 for
direct recruitment for the post of Staff Nurse male and female.
Total 166 numbers of vacancies were advertised, out of which
23 posts were reserved for Other Backward Class. Out of 23
posts, 6 posts were reserved for Woman, 1 for differently abled
person and 2 for ex-serviceman. Petitioners appeared in the
said examination and were found to be eligible. Initially a merit
list of 30 candidates for the aforesaid category was published.
Thereafter a amended merit list was prepared. The petitioners in
these petitions were placed at Sl. No. 2, 5 and 9 respectively in
the amended merit list and they secured total 52 marks.
3. The petitioners were not called for document verification and the
recruitment process was not taken to logical conclusions and
entire 30 posts were not filled, therefore, this petition was filed
seeking for following relief :-
10.1 That, this Hon'ble Court may kindly be
pleased to call for the entire record pertaining to
the case of the petitioner, in the interest of justice.
10.2 That, this Hon'ble Court may kindly be
pleased to issue appropriate writ/writs,
order/orders, direction /directions and direct the
respondent authorities to complete the recruitment
process and call the suitable candidates for
verification of the documents (counseling) for the
further process of recruitment, in the interest of
justice.
10.3 Any other relief(s), which may be suitable in
the facts and circumstance of the case, may also
be granted.”
4. Learned counsel for the petitioners submits that the name of the
petitioners were included in the amended merit list and they
have secured 52 marks, however, in the initial merit list prepared
for the said category, candidates who have obtained 52 marks
have been called for document verification. However, the
petitioners who have also obtained 52 marks have not been
called for document verification and further proceedings. He also
submits that there are total 23 numbers of seats in the OBC
Category and only 15 candidates have been appointed and rest
of them have not been given appointment, therefore, he submits
that the candidates those who have obtained 52 marks from the
amended merit list to have been called for further recruitment
process including document verification etc. and if they are
found to be eligible, necessary appointment orders ought to
have issued by the respondents.
5. He further submits that there is no justifiable reason shown by
the respondents not to call the petitioners for further recruitment
process. He placed reliance upon the judgment of Supreme
Court in the case of ‘Manoj Manu and another vs. Union of
India and others’ reported in (2013) 12 SCC 171 in which
paragraphs No. 12 & 15 are quoted below :-
“12. It is, thus, manifest that a person whose name
is included in the select list, does not acquire any
right to be appointed. The Government may decide
not to fill up all the vacancies for valid reasons.
Such a decision on the part of the Government not
to fill up the required/advertised vacancies should
not be arbitrary or unreasonable but must be based
on sound, rational and conscious application of
mind. Once it is found that the decision of the
Government is based on some valid reason, the
Court would not issue any mandamus to the
Government to fill up the vacancies.
15. This Court in Sandeep Singh v. State of
Haryana commended that the vacancies available
should be filled up unless there is any statutory
embargo for the same. In Virender S. Hooda v.
State of Haryanas, 12 posts for direct recruitment
were available when the advertisement for
recruitment was made which was held in the year
1991. Some of the selected candidates did not join
in this batch almost similar to the present case, the
Court held that the appellant's case ought to have
been considered when some of the candidates (sic
vacancies arose) for reasons of the non-
appointment of some of the candidates and they
ought to have been appointed if they come within
the range of selection.”
6. Per contra, learned State counsel submits that simply inclusion
in the name of the petitioner in the amended merit list, will not
create any right to be appointed on the aforesaid post.
7. I have heard the learned counsel for the parties and perused the
record.
8. This Court on 01/07/2024 passed the following order :-
“Learned State Counsel is directed to place the list
of selected candidated as well as their marks
obtained in the examination for appointment to the
post of Staff Nurse in the Government Medical
College, Ambikapur District Surguja, C.G. on
record, which was advertised on 15.09.2017
(Annexure P/1).”
9. An additional affidavit has been filed by the respondent No. 1 on
27/06/2024 relevant para of which is reproduced herein below :-
“(v) It is humbly submitted that the Dean, Rajmata
Smt. Devendrakumari Singhdeo Government
Medical College, Ambikapur vide letter dated
24.06.2024 furnished the present status with
regard to the vacant position of Staff Nurse under
the OBC category and stated that, out of 23 posts
of Staff Nurse under the OBC category 18 posts
have been filled and 05 posts, i.e. 02 for open, 02
for ex-service men & 01 for disabled persons are
vacant. In this regard, a copy of the letter dated
24.06.2024 is filed herewith as ANNEXURE A-2.”
10. Perusal of the affidavit indicates that total 15 post were filled up
to advertisement dated 15/09/2017 and 3 posts have been filled
by way of transfer. At present there are 2 posts of OBC category
open still lying vacant. On perusal of affidavit it is manifest that
the advertisement was issued on 15/09/2017, reserved for 23
OBC category candidates and only 15 have been filled and still 2
posts of OBC category open is still lying vacant. The filling of 3
posts by way of transfer is not in justified as to why 3 posts were
filled by way of transfer. Therefore, in all fairness the
respondents ought to have filled the remaining posts in lieu of
advertisement dated 15/09/2017. Admittedly, the respondents
have not filled the total number of posts of OBC category. No
substantial and justifiable reasons is given in not doing so.
Therefore, this Court is of the opinion that ends of justice would
be served that the respondent-State is be directed to carry out
the further proceedings of recruitment process and call for the
eligible candidates, in the further recruitment process, if the
petitioners are found to be eligible, pass an appropriate orders.
11.With the aforesaid direction, writ petitions are disposed of.
Digitally
signed by
Sd/-
NARESH
NARESH
KUMAR
KUMAR KAMDE
Date:
KAMDE
2024.08.06 (Sachin Singh Rajput)
14:39:39
+0530
JUDGE
Kamde