MUKESH AHIRWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein calls in question appointment of respondent No.3 on the post of Assistant Grade III by the Collector, Koriya­Baikunthpur.

(2.) It is the case of the petitioner that the Collector, Koriya­Baikunthpur issued an advertisement for appointment for various posts for District Administration, of which clause 2 provides that the candidate must be domicile of District Koriya, in which the petitioner as well respondent NO.3 both applied apart from other candidates and respondent No.3 submitted domicile of Koriya district showing her father's name, who was at particular time working as Assistant Grade III in I.T.I. Chirimiri, District Koriya. Thereafter, on 5/1/2012 the Collector, Koriya Baikunthpur issued appointment order in favour of respondent No.3 and the petitioner was kept in waiting list, which the petitioner has challenged by filing this writ petition questioning the domicile certificate issued in favour of respondent No.3 on 22/9/2011 (Annexure P­8) and consequent selection of respondent No.3 on the post of Assistant Grade III on 5/1/2012 (Annexure P­13).

(3.) Respondents No.1 and 2 have filed their return stating inter­alia that the petitioner has called for objection against proposed selection, but the petitioner did not raise any objection. The petitioner can prefer an appeal against domicile certificate issued in favour of respondent No.3 under Sec. 44 of the provisions of the Chhattisgarh Land Revenue Code, 1959.