LAWS(CHH)-2013-10-48

NILESH KUMAR PANDEY Vs. STATE OF CHHATTISGARH

Decided On October 30, 2013
Nilesh Kumar Pandey Appellant
V/S
STATE OF CHHATTISGARH AND OTHERS Respondents

JUDGEMENT

(1.) Challenge in the present writ petition is to the selection of respondent No. 4 on the post of Law Officer, Home (Jail) Department. On 22.11.2006 an advertisement (Annexure P/4) was issued by respondent No. 2 -Chhattisgarh Public Service Commission (in short "PSC") for various posts, including two posts of Law Officer, Home (Jail) Department, out of which one was for unreserved category and the other was for scheduled tribe category. After scrutinizing and verifying various applications received pursuant to the said advertisement, 14 candidates, including the petitioner and respondent No. 4, were called for interview by the PSC. However, out of them 12 candidates participated in the interview. After completion of interview and comparing academic record of the candidates, merit list was drawn, in which respondent No. 4 was placed at Sl. No. 1 whereas the petitioner stood at Sl. No. 2. Since there was only one post of Law Officer for unreserved candidate, the petitioner being in the second position was kept in the waiting list.

(2.) Pursuant to the said merit list, on 7.12.2007 the PSC formally issued the result selecting respondent No. 4 for the post of Law Officer against unreserved category whereas one Shekhar Singh was selected against the post reserved for scheduled tribe category and the petitioner was shown in the waiting list appended to the merit list.

(3.) Aggrieved with the selection of respondent No. 4, the petitioner has filed the present petition with the contention that selection of respondent No. 4 has been made de horse the conditions stipulated in the advertisement and therefore, the same is liable to be quashed. However, the petitioner has not sought any relief for his appointment on the post of Law Officer.