ISHWAR SHARAN GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner questions the legality and validity of the order dated 15.02.2012 (Annexure P-1), whereunder, the validity of supplementary select list was not extended and also order dated 27.01.2012 (Annexure P-2), whereby, the extension of period was not extended after completion of one year six months validity period of the select list.

(2.) THE facts, in brief, are that pursuant to the advertisement dated 21.04.2008 (Annexure P-3), 74 posts were advertised for selection and appointment on the post of Additional District Prosecution Officer, which was subsequently increased to 99 posts by way of addendum dated 29.08.2008. The petitioner was successful in the process and was placed at serial No.8 in the waiting list. Though the waiting list was not issued when the main select list was published on 05.05.2010 (Annexure P-4). The period of validity of the select list was initially one year i.e. from 05.05.2010 to 04.05.2011, thereafter, it was extended by three months till 04.08.2011 by letter dated 03.05.2011 (Annexure P-5, page No.30). Pursuant to the extension of time, a supplementary selection list of 07 candidates was issued and all the seven candidates declined to join the office. On 03.11.2011 (Annexure P-6), a second supplementary list was published, wherein, the name of the petitioner was also in the list. In total, as many as 09 candidates declined to join the service. Pursuant to the second supplementary list dated 03.11.2011, the petitioner was required to join before 04.11.2011, as according to the respondent authorities there could not have been extension for more than one year six months from the date of first publication of the select list i.e.05.05.2010.

(3.) ON the other hand, Shri Minhaj, learned State counsel, submits that the validity period has already come to end as 18 months have already expired. The validity period of one year can be extended only by six months not thereafter. The seats, which could not be filled up on account of expiry of the validity period, have been taken in the process of fresh recruitment.