LAWS(CHH)-2020-8-28

CHANDAN KURREY Vs. STATE OF CHHATTISGARH

Decided On August 07, 2020
Chandan Kurrey Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) In both the writ petitions, the petitioners are students of Chhattisgarh Kamdhenu University, Durg and prosecuting their studies in Veterinary Science and Animal Husbandry Course. In both the writ petitions, petitioners have raised identical grounds and sought similar reliefs, therefore, both the writ petitions are being disposed off by this common order.

(2.) The petitioners who are pursuing their studies in Veterinary Science and Animal Husbandry College situated at Anjora, District Durg have filed this petition challenging the advertisement dated 19.02.2020 (Annexure P/4) for appointment of Assistant Veterinary Surgeon issued by the Chhattisgarh Public Service Commission (hereinafter referred to as 'CGPSC') i.e. respondent No.3 on the ground that in the advertisement under the Clause of "essential educational qualification", it is mentioned that the Bachelor degree from the recognized University in Veterinary Sciences and registration with Veterinary Council of Chhattisgarh State prior to the date of issuance of advertisement as also the notification dated 07.01.2019 bearing No.F1-45/2018/35 (Annexrue P/3) amending the prescribed educational qualification in Schedule-III, in Serial No.1, Column No.7, to be arbitrary and unreasonable and sought for following reliefs :

(3.) The pleadings made in the writ petition is that the petitioners are students of final year of Bachelor of Veterinary Science and Animal Husbandry (hereinafter referred to as 'B.V.Sc. & A.H.') and they have cleared the examination of their last semester. The Registrar of the Chhattisgarh Kamdhenu University, Durg issued the course completion certificate (bonafide certificate) in the month of December 2019. On the basis of such certificate, the petitioners got themselves provisionally registered with the Registrar, Chhattisgarh State Veterinary Council, Raipur. Respondent No.3/CGPSC issued an advertisement for recruitment of Assistant Veterinary Surgeon mentioning the qualification to be Graduate in Veterinary Sciences from recognized University and registered under the Chhattisgarh State Veterinary Council established under the law. The date of submission of the applications as prescribed under the advertisement is from 18.03.2020 to 16.04.2020. The advertisement does not show the clear status with regard to registration; whether the candidates who are having permanent registration certificate only will be allowed to participate or the candidates who are possessing provisional registration certificate will also be permitted, for which, they have made representation and subsequently, they also met with the competent authority personally. They have been informed that they are not eligible for making an application to the advertised post vide advertisement dated 19.02.2020. In other examinations conducted by the CGPSC, even candidates/students who are appearing in the final year examination, are allowed to participate in the examination and some of them also got selected and it is at the time of interview, the requirement of showing the documents and its submission have been made to be mandatory. The representation of the petitioners was not decided till date. They have also pleaded that the petitioners in anticipation and expectation that their applications can be accepted by the respondent authorities applied online on 18.03.2020 for the advertised post of Assistant Veterinary Surgeon, but they are having apprehension that their applications would be rejected.