ANIL KUMAR BANSAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this common order, the aforesaid four writ petitions are being decided as they involved identical issue based on similar facts arising out of the same advertisement in the matter of selection and appointment to the post of Mukhya Nagar Palika Adhikari Varg-"" (for short "CMO Grade-A") and Mukhya Nagar Palika Adhikari Varg-"" (for short "CMO Grade-B"). The genesis of dispute giving rise to these petitions as unfolded from the factual matrix stated in the pleadings of the petitioners is that the 2nd respondent/C.G. PSC (for short "PSC") issued an advertisement No. 2/2010/Examination/dated 30th April, 2010, published in Rojgar aur Niyojan Edition 5th May, 2010, inviting applications for selection and appointment to the post of CMO Grade-A and CMO Grade-B. Out of 19 posts of CMO Grade-A, two posts were reserved for physically handicapped candidates, one post for unreserved and one post for scheduled caste. Out of 19 posts of CMO Grade-B, two posts were reserved for physically handicapped candidates, one for unreserved and one for scheduled caste. Clause-4 of the advertisement laid down terms and conditions with regard to age and contained various provisions providing for relaxation of age for candidates of different category. Candidates desirous of seeking appointment were required to submit applications latest by 11th June, 2010.

(2.) While the matter stood thus, a corrigendum dated 30th November, 2010 [filed as Annexure P-5 in W.P.(S) No. 329/11] was published in the newspaper Dainik Bhasker, Bilaspur Friday Edition dated 3rd December, 2010 by which a new Clause 4.1.12 was added. That clause provided that as per GAD circular dated 12th February, 1981 and 30th June, 1981, age relaxation of 10 years would be provided to domicile physically handicapped candidates in the matter of appointment to the post of CMO Grade-B.

(3.) The aforesaid writ petitioners filed these writ petitions on the pleadings inter alia that all of them belonged to physically handicapped category. The advertisement, as originally published, did not provide for age relaxation. After expiry of last date of submission of application, corrigendum dated 30th November, 2010 was published for the first time on 3rd December, 2010 inserting new age relaxation clause in favour of physically handicapped candidates. But, applicants from all those candidates of physically handicapped category who became eligible including the petitioners were not given any opportunity to apply for the post of CMO Grade-B as there was no provision in the corrigendum inviting application from the entire class of physically handicapped candidates who, by virtue of newly relaxed criteria of age, later on became eligible.