NIKHIL KUMAR SUSHMAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has questioned the correctness of order dated 01.03.2017 passed by learned Single Judge in Writ Petition (S) No.3277 of 2016 whereby the writ petition filed by the appellant was allowed with certain directions to the respondents to verify eligibility of the appellant for participation in the selection process as unreserved category candidate, if would have not been a member of reserved category.

(2.) The facts of the case, in nutshell are that, appellant submitted his application form for appointment of Civil Judge, Class-II (Entry Level) in pursuance to the advertisement dated 22.02.2014 as a candidate belonging to scheduled caste category. Final select list was published and the petitioner secured 10 th position in merit list and was considered for appointment under unreserved category as per his ranking. After issuance of final select list, respondent No.1 issued a letter to the appellant on 02.05.2015 intimating him that he is being selected for the post of Civil Judge, Class-II (Entry Level) and in the process of recruitment, he should appear along with all his educational testimonials, residential certificate and caste certificate (issued by High Level Caste Scrutiny Committee) etc. The appellant submitted his caste certificate before the District Level Caste Scrutiny Committee, but he could not able to produce the relevant documents and materials as asked by the District Level Caste Scrutiny Committee for verifying the caste of the appellant. He was granted an opportunity to produce relevant documents, but after couple of dates fixed for submission of documents by the District Level Caste Scrutiny Committee, appellant stated that he is unable to produce relevant documents asked by the Committee. Based on submission made by appellant, District Level Caste Scrutiny Committee has forwarded the case of the appellant to High Level Caste Scrutiny Committee. As the caste certificate issued by the High Level Caste Scrutiny Committee could not be produced by the appellant, his appointment was kept in abeyance and the other candidates who were ranked above and below the appellant were given appointment on the post of Civil Judge, Class-II (Entry Level).

(3.) Aggrieved by non-issuance of appointment order in favour of the appellant, he approached this Court by filing Writ Petition (S) No.3277 of 2016 with following reliefs :