JEETLAL BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants would assail the orders dated 18.1.2016 passed by the learned Single Judge in WPS Nos. 4796 and 4804 of 2014, whereby, their writ petitions for consideration of their case for appointment on the strength of their position in the waiting list have been dismissed.

(2.) Undeniably, in the selection process initiated by the Principal, Government Polytechnic, Gariyaband, the appellant Mukesh Kumar Sahu applied for the post of Skill Assistant, whereas, appellant Jeetlal Banjare applied for the post of Tracer (Draftsman). At the end of selection process, select list and waiting list were prepared on 24.09.2013. The respective appellants could not be selected, as they failed to secure position in the main list of selected candidates, however, they were placed as wait listed candidates at serial No.1 for their respective posts. For both the posts, the selected candidate namely Dhananjay Sahu in the appeal preferred by Mukesh Kumar Sahu and one Manoj Kumar Sahu in the appeal preferred by Jeetlal Banjare did not join on the subject post, pursuant to which, the appellants represented the matter for their appointment, but the same was not considered. Prayer for consideration of their names has been dismissed by the learned Single Judge on the ground that the wait listed candidate has no right to be appointed against the vacant post.

(3.) Shri Kishore Bhaduri, learned counsel appearing with Shri Roop Naik, learned counsel for the appellants, would refer to document Annexure P/6, filed in WPS No.4804 of 2014 to submit that the Principal, Government Polytechnic, Kabirdham had also issued similar advertisement under the same set of Rules i.e. the Chhattisgarh Technical Education Class-III (Non-Ministerial) Service Recruitment Rules, 2005 (for short "the Rules, 2005") and has offered appointment to wait listed candidates, therefore, the appellants are also entitled to similar relief, as their selection was also conducted under the Rules, 2005. Shri Bhaduri would further contend that in Sumit Kumar Gupta v State of Chhattisgarh and others WPS No.2446 of 2015 (decided on 28.10.2015), this Court has passed an order allowing the petition preferred by a wait listed candidate.