BUDHRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in this petition is to the order dated 03.01.2009 (Annexure P/1) whereby the respondent No.5 has been granted appointment under the respondent No.2 on the post of Carpenter.

(2.) Brief facts of the case is that the respondents had issued an advertisement on 14.08.2008 (Annexure P/5) calling applications for filling up of the different posts. One such post was that of Carpenter. There was only one post of Carpenter advertised and which was from unreserved category. The minimum qualification prescribed under the advertisement was that the candidate should have Govt. ITI training certificate or should have five years working experience. The petitioner being an eligible for participating in the said post had applied for the same. However, he was not called for interview and subsequently the respondent No.5 was granted appointment. It is this order of appointment of the respondent No.5 which is under challenge in the present petition.

(3.) The contention of the petitioner is that the respondents have malafidely not considered the claim of the petitioner for the said post and have shown favour in granting appointment to the respondent No.5. According to petitioner, the respondent No.5 does not fulfill the minimum eligibility criteria fixed as is evident from the advertisement, yet he has been granted appointment. The petitioner has relied upon an information provided by the department under Right to Information Act so far as the experience certificate is concerned which certifies that the respondent No.5 had an experience of about nine months. He submits that there is no other substantive material available with the respondents to determine the experience of the respondent No.5. On the contrary, the petitioner was a candidate who had undergone five years ITI training and he also had experience of more than what the respondent No.5 had, but for the reasons best known, the candidature of the petitioner was not considered by the respondents and respondent No.5 has been granted appointment on 001.2009.