SUNANDA DUTTA Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) Petitioner has preferred this writ petition seeking writ of mandamus directing the respondents No. 4 & 5 to consider the case of the petitioner and issue the posting order. The matter pertains to appointment on the post of Shiksha Karmi Grade-II now re-named as Teacher (Panchayat). A centralized recruitment process was conducted by the Vyavsayik Pariksha Mandal (for short, 'Vyapam') Chhattisgarh in the year 2009. There is no dispute about the fact that on the strength of mark secured by the petitioner she was placed in the waiting list prepared by the Jila Panchayat, Bastar.

(2.) Under the then recruitment rules known as Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Services) Rules, 2007 the validity of the waiting list was 12 months. Since the select list for subject recruitment was issued on 08/01/2010 the wait list was also valid till 07/01/2011, however, the said period of validity of waiting list was extended by one month by amending the Rules 2007, thus the subject waiting list was valid till 07/02/2011.

(3.) Due to non-availability/non-joining of the persons who were placed above the petitioner in the merit list, Jila Panchayat decided to operate the waiting list and in the said process the petitioner was offered appointment on 03/02/2011 summoning her to appear in the counselling for deciding the place of posting. It is not in dispute that under the procedure for subject recruitment, whenever the select list is operated the Shiksha Karmis are invited for counselling for opting the place of posting. The petitioner did appear in the counselling on 18/02/2011, however, from the information supplied to the petitioner by the officer in-charge of Jila Panchayat, Bastar (Annexure P/7) it would appear that after the petitioner appeared in the counselling on 18/02/2011 the Director Panchayat, Raipur issued some telephonic message to the Jila Panchayat informing that the posting order should have been issued prior to 07/02/2011. After receiving this communication, the Jila Panchayat did not proceed further to issue the posting order in favour of the petitioner.