TARNEE RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has preferred the present writ petition praying for the following reliefs:-

(2.) Brief facts of the case are that the respondent No.3 invited applications for the recruitment of Lecturer Panchayat Cadre. The applications were required to be submitted online from 24/7/2017 to 10/8/2017. The Chhattisgarh Lecturer Panchayat Cadre (recruitment and service condition) Rule 2012 was made applicable in recruitment process for the Zila Panchayat Janjgir-Champa (C.G.). The petitioner submitted her online application with required particulars. The examination for the recruitment of Lecturer Panchayat was conducted by the Chhattisgarh Professional Examination Board Raipur. The petitioner passed the examination and obtained 15.657 marks with rank 42 in the Zila Panchayat Status/result issued by Chhattisgarh Professional Examinational Board. The petitioner and other selected candidates were called for verification in 1:5 ratios with claim and objections regarding the documents submitted by the petitioner and other candidates. The petitioner was selected for the appointment of Lecturer Panchayat as per provisional list issued on 29/11/2017 and her name found place at Sr. No.1 in OBC category for the mathematics subject as per Annexure P-7. In final selection list the petitioner has not been selected, whereas the respondent No.4 has been selected who has obtained less mark ie. 15.404 and she has got rank 43. The respondent No.3 has wrongly been considered as per the instruction dtd. 20/11/2017 issued by the respondent No.2, whereby the B.Ed. Certificate was essential / acceptable even after commencement of the recruitment process as per Annexure P-8. For the recruitment for the post of Lecturer the separate merit list of those who possess the B.Ed. certificate and who do not possess were required to be published separately as per recruitment conditions. The respondent No.3 has also failed to consider the claim and objection made by the petitioner dtd. 14/12/2017 as per Annexure P-9. The respondent No.3 recruited the respondent No.4 for the post of Lecturer Panchayat arbitrary ignoring the rules, provisional recruitment list dtd. 29/11/2017, without observation of the recruitment process, merit list and other conditions. Thus, the present writ petition has been filed by the petitioner.

(3.) Learned counsel for the petitioner submits that the recruitment list as per Annexure P-1 for the appointment of Lecturer Panchayat has not been made in accordance with the Chhattisgarh Lecturer Panchayat Cadre (Recruitment and conditions) Rules, 2012. The respondent No.3 has failed to consider the claim of the petitioner regarding her eligibility for appointment and objection regarding the selection of respondent No.4 has also not been considered according to the rules. The respondent No.3 has failed to consider the merit list issued by the Chhattisgarh Professional Examination Board. The respondent No.3 has given appointment to the respondent No.4 for the post of Lecturer Panchayat who has obtained lesser mark than the petitioner and her rank was below the petitioner. The respondent No.3 made the recruitment for appointment of Lecturer Panchayat OBC category incorrectly, contrary to the rules and without observing the mandatory obligation of hearing the claim and objection. The respondent No.3 has issued selection list wrongly based on the instruction dtd. 20/11/2017 which amounts to change in selection process. The petitioner has placed his reliance on the judgment rendered by the Hon'ble Supreme Court in the matter of Dolly Chhanda vs Chairman, JEE and others, reported in AIR 2004 SC 5043 and the judgment rendered by this Court in the matter of Ram Ashish Shrivastava and others vs State of Chhattisgarh and another, reported in 2011 Law Suit (Chh) 689.