Dismissed

Sanjay Kumar Chauhan v. State Of Chhattisgarh And Ors.

Chhattisgarh HC19 Apr 2022WPS/3503/2012

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a final select list for the post of Pharmacist Grade-II at the admission stage. The court held the petition suffered from non-joinder of necessary parties (the selected candidates) and found no merit in further proceedings.

What did the court decide?

No order as to costs. Petitioner not entitled to any relief.

Sanjay Kumar Chauhan Vs State Of Chhattisgarh… — Service and Employment | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 3503 of 2012

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•Sanjay Kumar Chauhan S/o Shri Harnarayan Chauhan Aged About 30 Years R/o Vill. Madkada, Post Jhabadi, Tahsil Kasdol, Distt. Raipur C.G.,

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---- Petitioner

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Versus

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State Of Chhattisgarh, Through The Secretary, Deptt. Of Health And Family Welfare Raipur Distt. Raipur C.G.

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The Collector Bilaspur, Distt. Bilasur C.G.

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Chief Medical And Health Officer Bilapsur C.G.

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Amit Kumar Suryawanshi S/o Ashram Suryawanshi R/o Near Water Tank, Primary School Near Shiv Mandir Suryawanshi Mohalla, Torwa, Bilaspur C.G.

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---- Respondents

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For Petitioner :Shri Dharmesh Shrivastava appears along with Shri Himanshu Soni, Advocate. For Respondents 1 to 3/State :Shri Sandeep Dubey, Deputy Advocate General. For Respondent 4 :None, though served.

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Hon'ble Shri Justice Sanjay S. Agrawal

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Order on Board

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19.04.2022

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Heard on admission.

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Challenge to this petition is the final select list (Annexure P/6) dated 07.02.2012 issued by respondent No.3 – Chief Medical and Health Officer, Bilaspur, whereby the persons shown therein have been selected for the post of Pharmacist Grade-II.

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From perusal of the record, it appears that an advertisement (Annexure P/1) was issued on 29.06.2011 by respondent No.3 calling for the post of Pharmacist Grade-II along with other posts as mentioned therein. The

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petitioner, being the member of Scheduled Caste Category, submitted the form on 08.07.2011 along with the entire certificates as required in pursuance of the said advertisement. It appears further that while issuing the final select list, his caste certificate forming the part of Annexure P/2 was not found to be a genuine one and accordingly he was not selected. According to clause 2 of part 'B' of the said advertisement, the requisite caste certificate pertaining to Scheduled Caste / Scheduled Tribe and / or O.B.C. is required to be filed, which has to be duly verified by the Prescribed Authority of the Uchchstariya Chhanbeen Samiti (High Power Scrutiny Committee). The said clause mentioned in part 'B' is relevant for the purpose, reads as under :-

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“( c )

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(1) xxxx xxxx xxxx xxxx (2) vuqlwfpr tutkfr@vuqlwfpr tkfr@vU; fiNMk oxZ ds vkosnd tkfr ds leFkZu esa izkf/kd`r vf/kdkjh )kjk tkjh fd;k x;k ¼Nkuchu lfefr½ LFkk;h tkfr izek.k i= vfuok;Z gksxk]”

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Based upon the abovementioned clause, it is the mandatory requirement of the candidate to submit his/her caste certificate pertaining to Scheduled Caste/Scheduled Tribe/Other Backward Class, as the case may be, which has to be duly verified by the Uchchstariya Chhanbeen Samiti, i.e., High Power Scrutiny Committee by 15^th July, 2011 as mentioned in the said advertisement (Annexure P/1). In pursuance of the said advertisement, the petitioner has submitted his caste certificate along with his application on 08.07.2011, but the same is, however, not found to be duly verified by the Uchchstariya Chhanbeen Samiti as required to be made mandatorily as per the said advertisement, issued on 29.06.2011.

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It appears further that although the caste certificate dated 07.07.2011, duly verified by the Uchchstariya Chhanbeen Samiti, was submitted by him (petitioner) vide Annexure P/4, but it was submitted on 31.10.2011, i.e., much beyond the period prescribed in the said advertisement. In view thereof, the

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caste certificate so submitted by the petitioner on 31.10.2011 has rightly not been taken into consideration for his selection on the post of Pharmacist Grade-II.

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That apart, while filing this petition, the petitioner has failed to implead the persons, who have been finally selected on the said post of Pharmacist Grade-II on 07.02.2012. The selected candidates are the necessary parties as in absence of their impleadment, no effective order could be passed. As such, the petition as framed and filed suffers from non-joinder of necessary parties, and therefore, the petitioner would not be entitled to get any relief in this petition.

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In view of the above background, I do not find any substance in this petition. The petition is accordingly dismissed at the admission stage itself. No order as to costs.

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Sd/-

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Anjani

Sanjay Kumar Chauhan v. State Of Chhattisgarh And Ors.

Case brief

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Sanjay Kumar Chauhan v. State Of Chhattisgarh And Ors.

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