VIJAY PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of present writ petition, the relief sought for by the petitioner is for quashing of the impugned order dated 01.12.2016 (Annexure P/1) passed by the Home Department, Govt. of Chhattisgarh whereby the claim of the petitioner for appointment has been refused only on the ground that the validity of the waiting list in which the name of the petitioner appears stood expired.

(2.) The brief facts relevant for the adjudication of the present dispute is that the petitioner along with other candidates had applied for the State Service Examination, 2011 conducted by the Chhattisgarh Public Service Commission (in short, PSC) by which six posts of Deputy Commandant was advertised. After the selection process were complete and merit list was published, the name of the petitioner finds place at serial No.1 in the waiting list.

(3.) The grievance of the petitioner was that from among the selected candidates, one candidate namely Nand Kumar Pandey did not join service within the stipulated period and the post fell vacant, therefore, the respondent authorities ought to have called upon the petitioner whose name stood at serial No.1 in the wait list. Thus, the respondents have with malafide intention not filled up detrimental to the interest of the petitioner. According to the petitioner, it is a case where the State Govt. itself at the first instance on 09.12.2014 had requested the PSC to recommend the name of two candidates whose name appeared in the waiting list to fill up two vacant posts which arose on the candidates who had not joined the service in spite of offer of appointment being made. Of the two posts which stood vacant, one post was from the unreserved category and one post was from among the reserved category.