Disposed

Shraddha v. State of Chhattisgarh

Chhattisgarh HC14 Dec 2023WPS/8525/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking appointment and declaration of results for a police recruitment drive. The Court granted liberty to file a fresh writ if necessary, relying on an earlier order directing the State to decide the matter within 30 days.

What did the court decide?

Petition disposed of with liberty to the petitioner to file a fresh writ petition if occasion arises later.

Shraddha Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Writ Petition (S) No.8525 of 2023

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Shraddha, D/o Shri Sugandha Chandra Karsh, aged about 26 years, R/o Village Birra, District Janjgir Champa, Chhattisgarh

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----- Petitioner

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versus

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State of Chhattisgarh through the Secretary, Department of Home, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur, Chhattisgarh

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Director General of Police (DGP), Police Headquarters (PHQ), Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh

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Additional Director General of Police (Anti-Naxal Operations/State Intelligence Branch(SIB)) cum Officer In Charge of Recruitment Board for the post of Subedaar, Sub Inspector Cadre and Platoon Commander, Police Head Quarter (PHQ), Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh

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Inspector General of Police, Bilaspur Range, Bilaspur, District Bilaspur, Chhattisgarh ----- Respondents

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----------------------------------------------------------------------------------------------For Petitioner : Shri Dhiraj Kumar Wankhede, Advocate

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For Respondents/State : Shri Sandeep Dubey, Deputy Advocate General

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Hon'ble Shri Justice Arvind Singh Chandel

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Order on Board

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14.12.2023

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With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

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The instant petition has been moved seeking following reliefs:

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“10.1 Call for the entire records pertaining to examinations conducted for the recruitment to the vacant post of

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Subedaar, Sub Inspector Cadre and Platoon Commander in pursuant of advertisement/order dated 13.09.2021 ( Annexure P/1 ).

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10.2 Issue appropriate writ(s)/direction(s)/order(s) in the nature of mandamus, directing the respondent authorities to immediately declare final result as per Rule 13 and Rule 7 of Rules 2021, conducted in the year 2023, pursuant to the advertisement/order dated 13.09.2021 ( Annexure P/1 ) for the recruitment to the vacant post of Subedaar, Sub Inspect Cadre and Platoon Commander, in lieu of vacancy in the aforementioned posts since year 2018.

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10.3 This Hon’ble Court direct the respondent authority to issue appointment of service as per Rule 7 of Chhattisgarh Police Executive (Non-Gazetted) Service Recruitment Rules, 2021.

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10.4 Pass appropriate orders, in favour of the petitioner, so far as the cost of the litigation and other miscellaneous expenses are concerned.

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10.5 Grant any such other relief in favour of petitioner as this Hon’ble Court may deem fit in the interest of justice.”

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It is submitted by Learned Counsel appearing for the Petitioner that the Respondents/State initially issued advertisement for the recruitment of 655 vacancies of Subedaar, Sub Inspector Cadre and Platoon Commander for the State of Chhattisgarh in year of 2018. Subsequently, the Respondent/Police Department, in view of the State Government’s notification dated 13.7.2021, issued a fresh advertisement dated 13.9.2021 for the recruitment of total

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vacancies of 975 of Subedaar, Sub Inspector Cadre and Platoon Commander and invited online applications. Pursuant to the said advertisement, the Petitioner applied for her recruitment. She appeared in the 5 rounds of examination, i.e., measurement, prelims, mains, physical test and consequently she was short listed for the interview. Thereafter, she was declared successful and was short listed for final interview along with other candidates. The interview was conducted from 17.8.2023 to 8.9.2023. But, till date, the Respondents have not declared the final result. The Respondent/Police Department is duty bound to declare the final result on time after the interview.

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Learned Counsel appearing for the Petitioner further submits that some unsuccessful candidates filed writ petitions and the petitions filed by them have been dismissed by this Court against which they moved an appeal before the Hon’ble Supreme Court which has also been dismissed. He further submits that some of the litigants again filed a bunch of writ petitions before this Court raising a dispute with regard to participation of woman candidates in the cadre of Platoon Commander. In those petitions, this Court has not granted any interim relief in favour of the Petitioners therein, therefore, now, the same cannot be a hurdle to conclude the selection process and declare the final result of the interview.

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Learned Counsel appearing for the Respondents/State submits that in Writ Petition (S) No.9075 of 2023 (Pushpa Sidar v. State of Chhattisgarh) vide order dated 1.12.2023 this Court has directed the Respondents/State to take necessary steps/decision in the matter preferably within an outer limit of 30 days from completion of the period of model code of conduct. He further submits that since the period of model code of conduct is already completed, the result will be declared soon as per the direction issued by this Court on 1.12.2023 in Writ Petition (S) No.9075 of 2023.

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On the basis of the above submission made by the Learned Counsel appearing for the Respondents/State, Learned Counsel appearing for the Petitioner submits that now he has no grievance in this petition and, therefore, he submits that the writ petition may be disposed of giving liberty to the Petitioner to file a fresh writ petition if occasion arises later on.

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Accordingly, the instant writ petition is disposed of in the aforesaid terms reserving the aforesaid liberty in favour of the Petitioner.

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Sd/( Arvind Singh Chandel ) JUDGE

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Gopal

Shraddha v. State of Chhattisgarh

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Shraddha v. State of Chhattisgarh

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