GAURAV SWARNKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed this petition assailing the memo dtd. 10/5/2022 (Annexure P/4) by which the petitioner's appointment on the post of physical teacher has been rejected on the count that caste certificate dtd. 30/12/2019 which is after 21/11/2019 i.e. the date of declaration of the result of the examination conducted by the respondent No.5.

(2.) Facts of the case in brief are that School Education Department issued an advertisement on 9/3/2019 for appointment of various posts like lecturer, teachers (E and T-cadre), Assistant Teacher (E. and T cadre), teacher English medium, Assistant Teacher Science Laboratory, Teacher (Physical Education). It is contended that the petitioner applied for the post of Teacher (Physical Education) and his name has been included in the select list at serial No 3. The Respondent initiated proceedings of verification of the documents of selected candidates; accordingly the petitioner was directed to appear for verification of the document on 10/5/2022. The Joint Director vide its memo dated held petitioner to be ineligible on the count that caste certificate of the petitioner is dtd. 30/12/2019 which is after the date of declaration of result on 21/11/2019. Hence, this petition has been filed for quashing of Annexure P/1 and for issuance of direction to the respondents to appoint the petitioner as Teacher (Physical Education) with all consequential benefits.

(3.) Learned counsel for the petitioner would submit that the petitioner was selected in the exam and his name finds place at serial No. 3 as reflected from Annexure P/2 and would submit that respondent No. 4 by wrong applying the provisions has rejected the candidature of the petitioner therefore, he has filed WPS No. 4316 of 2022 before this Court wherein this Court has passed the following order which is as under:-