RUPESH GURUDIWAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:

(2.) Brief facts of the case as projected by the petitioner are that, the respondent issued an advertisement on 7/3/2014, for promotion through limited competitive examination from the In-Service candidates including Patwari, Revenue Officer and Clerk, with certain conditions, for promotion in the post of total 57 posts of Naib Tehsildar, in accordance with C.G. Junior Administrative Service Recruitment Rules 1980. The written examination was conducted on 20/7/2014. The selection process is for promotion in the post of Naib Tehsildar through limited departmental competitive examination, therefore no horizontal reservation was provided or applied in the aforementioned posts, according to the Rules 1980, however changing the game of rule after the written examination and before issuance of final result, the horizontal reservation was provided to women and disabled persons. Apart from above there is no other document revealing the fact of applying women reservation is available in the knowledge of the candidates.

(3.) As per the selection process after written examination Departmental Promotion Committee has to assess the annual service report of the candidates and decide the suitability of the candidate, then only the promotion on the basis of merit was to be given, which clearly reveals that the process is for promotion, which is otherwise evident from the schedule-II of the Rules 1980 amended from time to time and annexed herewith, clearly prescribing in the column no. (5) of Schedule II, under heading percentage of posts to be filled by way of promotion and the instant selection is conducted for the posts falls in that category. The petitioner being duly eligible applied for promotion and after participation obtained 10th position in the final result, whereas the respondent no. 3 obtained 12th, respondent no. 4 obtained 14th and respondent no. 5 obtained 16th position in final merit list and are placed below petitioner in unreserved category. Out of total 57 posts, total 28 posts are to be filled by way of promotion from the post of Patwari/Revenue Inspector, which is further bifurcated into 12 unreserved posts, 9 Scheduled Tribes, 4 Schedule Caste and 3 Other Backward Caste category posts. No reservation at all is prescribed in advertisement for the women or disabled category. Out of total 12 unreserved posts till date, only 11 posts have been filled bearing 4 women category candidates and out of 4 women candidates, one has got the post by virtue of her merit, whereas the other 3 respondents have got the promotion on the basis of women reservation.