KU. SITA GARHEWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) WITH the consent of learned Counsel appearing for the parties, the matter is heard finally.

(2.) LEARNED Counsel appearing for the petitioner submits that vide intimation letter dated 23-2-1999 (Annexure P-l), the name of the petitioner was sent through the Employment Exchange, Korba for appointment on the post of Assistant Grade- III. The news item (Annexure P-2), was published in daily newspaper Dainik Bhaskar dated 22-3-1999, in this regard. The recruitment process was initiated under the special drive for recruitment on various posts, reserved for the Scheduled Caste, Scheduled Tribe, Scheduled Caste women and Scheduled Tribe women, candidates, which remained vacant on account of non-availability of candidates. The selection was made through interview. Name of several persons, including the petitioner, were recommended for appointment. This was a special drive to clear the backlog on account of non-availability of candidates in the general selection method.

(3.) IT is found that the fact was brought to the notice of the State Government. The Under Secretary, Scheduled Tribe, Scheduled Caste, Backward Classes and Minority Welfare Department, State of Chhattisgarh, by letter dated 18th May, 2001 (filed as Annexure P-7 in W.P. No. 331/2002), addressed to the Collector, Korba, objected to the action that the appointment of the general candidates on compassionate basis, reserved for six selected candidates from the Scheduled Caste category, was unconstitutional. The select list was prepared under the special drive to clear the backlog of the vacant reserved posts. The letter dated 18th May, 2001, reads as under: mijksDr fo"k; ds laca/k esa ys[k gS fd fo'ks"k HkrhZ vfHk;ku ds rgr vkids }kjk o"kZ 1999 esa mEehnokjkas dk p;u dj fu;qfDr iznku dh xb Fkh A mDr laca/k esa 'kklu ds /;ku esa ;g yk;k x;k gS fd vuqlwfpr tkfr ds 6 p;fur mEehnokjks dsk ;g dgdj fu;qfDr ugh nh xbZ gS fd mDr inkas dks vuqdEik fu;qfDr ds }kjk vU; yksxks dks HkrhZ dj fy;k x;k tks fd fo'ks"k HkrhZ vfHk;ku lafo/kku ds f[kykQ gS A vr% vkns'kkuqlkj funsZf'kr gS fd vc mDr p;fur 6 mEehnokjks dks ftys esa fjDr inksa ij fu;ekuqlkj fu;qfDr iznku djus dh dk;Zokgh dj dh xbZ dk;Zokgh ls 'kklu dks ;Fkk'kh?kz voxr djkus dk d"V djsa A