STATE OF CHHATTISGARH AND ANOTHER Vs. ROSHNI SAHU

JUDGEMENT

(1.) These four cases have been referred to the Full Bench in view of conflict of judgments delivered by the different Benches of this Court.

(2.) It would pertinent to mention that the first Bench comprising of Honourable Justice Yatindra Singh, the then Chief Justice of this Court and Honourable Justice Radhe Shyam Sharma, while deciding Writ Appeal No. 426 of 2013, on 18.7.2013, held that if the name of a candidate applying for a post is not registered with the Employment Exchange he has no right to be considered for employment. Another Bench headed by the Honourable Justice Yatindra Singh, the then Chief Justice along with Honourable Justice Pritinker Diwaker took a different view while deciding the Writ Appeal Nos. 322 and 323 of 2014, on 16.9.2014, inasmuch as it held that though the applicants at the time of filing of the applications for filling up the post were not registered with the Employment Exchange, since they were so registered at the stage of counselling they were entitled not only to be considered but if found eligible on merit could be appointed to the post in question.

(3.) There are two questions which arise. The first question is whether the State which issued the advertisement containing a condition that the applicant for the job should be on the live registration of the Employment Exchange, despite no such proof having been given along with the application has allowed the applicant to appear in the written test as well as interview, can be permitted to reject the candidature of such candidate after he has been found eligible to be selected on merit?