NIRAJ KUMAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the petitions involve common question of law and fact, they are clubbed together and heard analogously and are being disposed of by this common order.

(2.) Vacancy of 182 posts of unreserved open general category of Hostel Superintendent Class-D was advertised by the State of Chhattisgarh, Department of Tribal Welfare and examination was conducted by the Chhattisgarh Professional Examination Board, Raipur on 17-8-2014, and result / combined merit list was declared on 17-10-2014, whereas the final merit list was notified on 12-11-2014. On 19-3-2015, appointment letters were issued to 182 selected candidates in which 69 selected candidates did not join, however, 2 candidates, who had joined on the post, had resigned. Thus, 71 (69+2) posts of Hostel Superintendent Class-D remained vacant. Against 71 posts, the exercise was undertaken in which on 5-10-2015, documents were verified and ultimately, on 7-11-2015, counselling was conducted and appointment letters were issued on 10-11-2015 to 71 selected candidates, but only 55 candidates joined and thus, 16 posts again remained vacant and in the meanwhile, the validity of select list expired. Now, the present writ petitions have been preferred by the petitioners stating inter alia that they are the selected meritorious candidates and they ought to have been called for appointment against 16 vacant posts, therefore, a writ of mandamus be issued to the respondents for considering their case for appointment on the said post of Hostel Superintendent Class-D, as the respondents have issued fresh advertisement and therefore the said advertisement is untenable and bad in law.

(3.) Return has been filed by the State/respondents No.1 and 2 opposing the writ petitions stating inter alia that validity of select list had already expired on 11-11-2015.