The High Court of Chhattisgarh dismissed a writ petition seeking quashment of an expired contract appointment process for Lab Technicians due to alleged irregularities in qualifications, holding that the relief was time-barred as the appointment period had lapsed.
Writ petition stands dismissed.
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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
WPS No. 2911 of 2012
------Petitioners
VERSUS
------- Respondents
For Petitioners : Mr. Rahul Agrawal, Advocate For Respondents 5,6,8,9 & 10 : Mr. Ajay Pandey, Advocate For Respondent-State : Mr. Vimlesh Bajpai, Govt. Adv
Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD
15/09/2021
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conducted by respondent 4 and appointing Respondents 5 to 10 on the post of Lab Technician who were not possessing requisite qualifications as prescribed in the advertisement dated 11.04.2011, have approached this Court by way of this petition with the following reliefs.
“10 RELIEF(S) SOUGHT:-
10.1 That, this Hon'ble Court may kindly be pleased to quash the entire selection process for the post of Lab Technician (contract appointment) held as per advertisement dated 11.04.2011 and 22.08.2011.
10.2 That, this Hon'ble Court may kindly be pleased to quash the appointment of the respondent no. 5 to 21 as well as the final selection list.
10.3 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case.”
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recognized by State of Chhattisgarh were also selected. This was objected by some of the candidates by submitting representation before Respondent 2, 3 & 4 upon which Respondent 4 initially temporarily cancelled the appointment process but subsequently selected candidates were appointed and they were issued appointment orders on 5.5.2012. it is further contended that when in the advertisement itself one of the conditions imposed by the appointing authority is that of candidate should possess Training Certificate from the Institution recognized by the State of Chhattisgarh, than the candidates who were not possessing the requisite qualification and certificate could not have been appointed, hence, appointment of Respondents 5 to 10 is not sustainable.
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would show that their appointment order was for one year only up to 31.3.2013 which is already over.
Sd/-
(Parth Prateem Sahu) Judge
Pawan
1 issue framed by the court
Whether the Court can grant quashment relief for a selection process and appointments that have already expired due to lapse of time.
Surajbali Rajwade
Smt. Sandhya Singh
State of C.G. Through the Secretary Dept. of Health and Family Welfare
Director Health Services Directorate
Divisional Joint Director Health Dept.
Chief Medical Officer, Ambikapur
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
