PUSHPRANJAN KUMAR SEN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common question of law and fact are involved in these writ petitions, they are heard analogously and being decided by this common order. The aforesaid two writ petitions have been filed for quashing the selection of respondents No.4 to 9 on the post of Pharmacist Grade-II for Bilaspur district.

(2.) Mr.Gautam Khetrapal, learned counsel appearing for the petitioners, would submit that the petitioners are members of Other Backward Class (hereinafter called as "OBC") and they have been submitted their provisional caste certificate issued by the Tahdildar and Naib-Tahsildar respectively and their candidature were considered against OBC category and their names have also been reflected in the merit list, but in the final select list issued on 23/4/2008 respondents No.4 to 9 have been selected though they have secured less marks than the petitioners. He would further submit that merely on the ground that caste certificate filed was not issued by the competent authority, their candidature were not considered, whereas they have produced permanent caste certificate issued by the competent authority on 2/7/2008 and 23/1/2008 respectively. Therefore, selection of respondents No.4 to 9 deserves to be quashed. He would reply upon the judgment of the Supreme Court in the matter of Dolly Chhanda Vs. Chairman, Jee and others 1 (2005) 9 SCC 779 .

(3.) Mr.P.K.Bhaduri, learned Government Advocate appearing for respondents No.1 to 3/State, would submit that there were seven posts of Pharmacist Grade-II for OBC category at the relevant point of time and five persons namely respondent No.4-Anwar Khan, respondent No.5-Mukesh Kumar Jaiswal, respondent No.6-Rameshwar Sahu, respondent No.7- Rajkumar Sahu and respondent No.8-Rahul Rathore have already been appointed and their appointment orders have already been issued on 28/2/2009, but their appointment orders have not been challenged by the petitioners in this writ petitions. He would further submit that after 2009 again recruitment process has been taken place in the year 2012 for the post of Pharmacist Grade-II and as such, there is no vacant post of Pharmacist Grade-II of the year 2009 at present, therefore, the writ petitions deserve to be dismissed.