ANIL KUMAR SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been filed by the petitioner under Article 226 of the Constitution of India against the appointment order dtd. 13/8/2015 (Annexure P/1) passed by respondent No.4/Superintending Engineer, PWD, Ambikapur Division in respect of respondent No.5 who secured less marks in comparison to the petitioner.

(2.) Brief facts of the case, as mentioned in the writ petition, are that pursuant to the advertisement dtd. 11/9/2013 (Annexure P/2) published by Public Works Department, Ambikapur Division for various posts such as Field Assistant, Peon, Gardener, Telephone Attendant, the petitioner submitted his application form for the post of Field Assistant vide Annexure P/3. In the merit list prepared by the respondent authorities, the name of respondent No.5 found place at Sl.No.3 and the name of the petitioner was mentioned at Sl.No.8 as the merit list was prepared only on the basis of marks obtained in maths subject whereas it was to be prepared on the basis of total marks obtained in Class-12th examination. Hence, the petitioner moved an application in this regard before the Collector, Ambikapur, Distt. Surguja but it was of no avail. On 13/8/2015 impugned appointment order was issued in favour of respondent No.5 vide Annexure P/1. Thereafter, the petitioner again submitted an application before the Collector, Distt. Surguja for making an inquiry into the matter of appointment of respondent No.5 as the same has been done contrary to the rules and terms and conditions of the advertisement but nothing has been done on his application. Hence this petition for the following reliefs:

(3.) Learned counsel for the petitioner submits that the impugned appointment order dtd. 13/8/2015 is contrary to the guidelines issued by the State Government for direct recruitment and also contrary to the advertisement issued by the Public Works Department, Ambikapur. There is no such condition in the advertisement that preference will be given to those candidates who got higher marks in a particular subject i.e. Mathematics and the only requirement was that the candidates should have passed Higher Secondary Examination in Maths group. The petitioner's percentage in Class-12th is higher than the percentage obtained by respondent No.5 in Class-12th and as such, the petitioner ought to have been appointed on the post of Field Assistant. Though after publication of the merit list, the petitioner had moved application before the Collector against the irregularities being committed by the respondent authorities but no action was taken thereon. Hence the petitioner has approached this Court for grant of the relief claimed.