ANJU SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has assailed correctness and validity of Select List dated 03-11-2007 in the matter of selection for appointment to the post of Mining Officer pursuant to advertisement dated 29-11-2006 as amended on 13-062007. The second respondent, Public Service Commission issued an advertisement on 29-11-2006 in the Employment Newspaper inviting applications for appointment on three posts of Mining Officer in the department of Mining, Government of Chhattisgarh. Due to increase in number of vacancies, advertisement was further amended vide corrigendum dated 13-06-2007. The petitioner, respondent No.3 and many other candidates applied. Having cleared the written examination, the petitioner was called for interview vide interview call letter dated 09-10-2007. Though, it was not there in the advertisement, but, in the interview call letter, it was stipulated that the candidate possessed of Green Card would be entitled to 5% weightage marks in the interview. The petitioner, however, did not possess such certificate, but then in order to seek benefit, she obtained and submitted medical certificate issued by the Medical Officer of the Hospital, where the petitioner had undergone Tubectomy operation.

(2.) The impugned select list was issued on 03-11-2007. The petitioner was not awarded any weightage marks with the result that she could not succeed in securing place in the merit list. The petitioner approached respondent authorities, but as no relief was granted, this petition was filed.

(3.) Learned counsel for the petitioner contended that the petitioner was entitled to be given benefit of 5% weightage marks in the interview because he had undergone Tubectomy operation from the hospital recognized by the State for the purpose and a certificate to that effect was also submitted at the time of interview. He would add that at the time, when selections were made and candidates including the petitioner were required to submit Green Card, State of Chhattisgarh had stopped issuing green card, which otherwise was required to be issued in view of the State Government's circular dated 30-11-1989, providing for weightage of marks to those candidates, who had undergone Tubectomy operation. The said circular was issued in the erstwhile State of Madhya Pradesh prior to re-organization of State of Madhya Pradesh. By virtue of provisions contained in the Madhya Pradesh Re-organization Act, 2000, all such circulars unless amended, modified or cancelled by the successor State of Chhattisgarh, continued to remain in force and in operation in the successor State and in any case, till the time, selections were made. Relying upon the decision of Division Bench of this Court in the case of State of Chhattisgarh and others Versus Sushil Kumar Banchhor and others, (Writ Appeal No.1010/2012 and batch of appeals, decided on 04-04-2014), Vishvanath Sinha vs. State of Chhattisgarh & another (WPSNo.4208/2010), decided on 27-07-2012 and orders passed in the case Abdul Ahmad Khan vs. State of Chhattisgarh & another, (WPS No.2309/2013), decided on 11-11-2013 and Rajkumar Tiwari vs. State of Chhattisgarh and others, (WPSNo.5135/2010), decided on 19-06-2014, it is submitted that the benefit of relaxation of weightage marks provided under circular dated 30-11-1989 could not be denied only on the ground that Green Card was not obtained and submitted at the time of interview. In the aforesaid decisions, it is argued, it has been held that once a person has undergone Tubectomy Operation, he is entitled to benefit, even if the technical requirement of submission of green card is not fulfilled. In the present case, as no order was issued by the authorities, a duly signed certificate that the petitioner had undergone Tubectomy Operation, countersigned by the Chief Medical & Health Officer of the Government Hospital was submitted. Relying upon the memo dated 10-08-2006 of Chief Medical & Health Officer, Raipur addressed to the City Hospital, where the Tubectomy Operation was performed, filed along with an application for taking documents on record, it is argued that the hospital where the petitioner underwent Tubectomy Operation was duly recognized by the government for the period 01-07-2006 to 30-07- 2007. The petitioner having undergone Tubectomy Operation on 31-07-2006, was entitled to weightage of marks as stipulated in the interview call letter. Had those weightage marks been awarded to the petitioner, he would have secured more marks as compared to respondent No.