Dismissed¶¶99

Swati Pandey v. State Of Chhattisgarh and Ors.

Chhattisgarh HC4 Jul 2024WPS/2787/2013

Case brief

AI extract

What is this about?

Assistant Grade-III recruitment Chhattisgarh; skill test versus interview; Hindi typing 5000 key impressions per hour eligibility; shortlisting candidates with more than 60% marks in Diploma in Computer/DCA; change of rule of game; merit list and waiting list; RTI marks discrepancy (12 vs 17); WPS No. 2787 of 2013 and WPS No. 3998 of 2013; appointment orders dated 26.03.2013 and 02.04.2013; writ petitions dismissed; no costs.

What did the court decide?

Since computer typing was a basic requirement for the post of Assistant Grade-III, the decision of the employer to invite candidates for skill tests instead of interviewing them cannot be held erroneous. ¶¶97

Swati Pandey Vs State Of Chhattisgarh and Ors. — Chhattisgarh HC (2024) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2787 of 2013

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Swati Pandey D/o Rajesh Kumar Pandey Aged About 23 Years R/o Village And Post Office Dharsiwa, Police Station And Tehsil Dharsiwa, Distt. Raipur, Chhattisgarh

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---- Petitioner Versus

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1. State Of Chhattisgarh Through Secretary Of Public Health And Family Welfare Department Mantralaya, Mahanadi Bhawan Mantralaya, Mahanadi Bhawan Naya Raipur Distt. Raipur, Chhattisgarh

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2. Commissioner Health Service And Family Welfare Directorate Raipur Distt. Raipur,Chhattisgarh

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3. Chief Medical And Health Officer Raipur, District Raipur,Chhattisgarh

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4. Anamika Tiwari D/o Ramesh Tiwari Kishaan Para, Shiv Chowk, Nawapara, P.S.-Rajim, District Raipur, Chhattisgarh

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5. Kamlesh Kumar Sahu S/o Dindayal Sahu R/o Gram And Post Panktiya P.S. Chura, District Gariyaband, Chhattisgarh

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6. Balram Verma S/o Kanhaiya Lal Verma R/o H-8 Purana Pension Bada, P.S. Pension Bada Raipur, District – Raipur, Chhattisgarh

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7. Naresh Kumar Sinha S/o Bise Lal Sinha R/o Gram Saarkhi, Ramnagarpara, Post Kolam P.S. Abhanpur, Distt. Raipur, Chhattisgarh

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8. Santosh Kumar Sharma S/o Kejuram Sharma R/o Gram Keshla, Post And P.S. Kharora, Distt. Raipur, Chhattisgarh

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9. Rakesh Kumar S/o Prabhula Prasad R/o Gram Boriakala, Post And Ps Sejbahar Tehsil And Distt. Raipur, Chhattisgarh

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10. Nijam Baksh S/o Lt. Ramjan Baksh R/o Old D.K.S. Mantralay Parishar, Near Cycle Stand P.S And Distt. Raipur, Chhattisgarh

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11. Mukesh Kumar Sahu S/o Makhan Lal Sahu R/ Sheetla Para Ward 18, Gobra Nawapara, P.S. Rajim, Distt. Raipur, Chhattisgarh

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12. Ruchi Sharma Do Ashwani Kumar Sharma R/o Prayag Vihar, Motinagar Ps. Motinagar, Distt. Raipur, Chhattisgarh

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13. Divya Tiwari D/o Santosh Kumar Tiwari R/o Bandhwapara, Purani Basti, P.S. Purani Basti Distt. Raipur, Chhattisgarh

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14. Ritu Tiwari D/o Suresh Kumar Tiwari R/o Nagar Panchayat Lawan, Ps. Lawan Tehsil And Distt. Baloda Bajar, Chhattisgarh

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15. Hemant Singh Thakur S/o Tilak Ram Thakur R/o Gram Bohradih, Post Office Harinbhatta, Tehsil Palari, P.S. And Distt. Baloda Bazar Bhatapara C.G. , District : Balodabazar-Bhathapara, Chhattisgarh

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16. Lokeshwar Singh Thakur S/o Beer Singh Thakur R/o Professor Colony, Sector 2 Near New Reliace Tower, P.S. And Distt. Raipur, Chhattisgarh

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17. Digendra Kumar Naag Pitambar Ram Naag R/o Gram And Post Kochwai, Tehsil Gariyaband, Vikash Khand And P.S. Chura Distt. Gariyaband, Chhattisgarh

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18. Shrimati Faagni D/o Ratan Uikey R/o Irrigation Colony Shantinagar, Q.No.

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1/47 P.S. And Distt. Raipur, Chhattisgarh

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19. Soman Das Khande S/o Mohan Lal Khande R/o Vill. Umrpoti Post Sundar Kera Tahsil And Ps Abhanpur Distt. Raipur, Chhattisgarh

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20. Ajay Kumar Navratan S/o Ram Singh Navratan Bharatpur Post Office Purganv Tahsil And P.S. Bilaigarh Distt. Baloda Bazar, Chhattisgarh

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21. Neelam Ajad S/o Salik Ram Ajad R/o Sundravan, P.O. And P.S. Palari, Distt. Baloda Bazar, Chhattisgarh

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22. Rakesh Kumar Dewangan S/o Chhabi Ram Dewangan R/o Paragav Rajim P.O. And P.S. Abhanpur, Distt. Raipur, Chhattisgarh

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23. Tripti Verma Jugeshwar Prasad Verma R/o Village And Post Tarra, P.S. Raipur Distt. Raipur, Chhattisgarh

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---- Respondents

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and

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WPS No. 3998 of 2013

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Swati Pandey D/o Shri Rajesh Kumar Pandey Aged About 23 Years R/o Village And Post Office Dharsiwa, Ps And Tah Dharsiwa, Distt Raipur, Chhattisgarh

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---- Petitioner

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Versus

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1. State Of ChhattisgarhThrough Secretary Of Public Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

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2. Commissioner Health Services, And Family Welfare Directorate, Raipur, Distt Raipur, Chhattisgarh

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3. Chief Medical And Health Officer- Balauda Bazar Distt Balauda BazarBhatapara, Chhattisgarh

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4. Kuleshwar Prasad Dhangar S/o Shri Amar Singh Dhanger R/o Backside Of Raipur Floor Mill, Phaphadih, Jagrity Chouk, Raipur, District : Raipur, Chhattisgarh

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5. Subhash Singh Takur S/o Shri Basant Singh Takur, R/o Sai Darbar Mahadev Ghat Road, Backside Of House Of Mukesh Tiwari, Post Sundar Nagar Raipur, Ps Ajad Chauk, Raipur, Distt Raipur, Chhattisgarh

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6. Laxmi Kant Tiwari S/o Shri Radhe Lal Tiwari, Through Shri Pradeep Kumar Upadhyay, Backside Of Pankaj Garden, Near Kho Kho Talab, Purani Basti Raipur, Ps Abhanpur, Distt Raipur, Chhattisgarh

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7. Swantra Kumar Soni S/o Shri Krishn Kumar Soni R/o Sadar Road Kumhar Para, Naya Para Rajim, Raipur, Ps Ajad Chauk, Distt Raipur, Chhattisgarh

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8. Ankush Shukla S/ Shri Krishan Shankar Shukla R/o Banjari Nagar, Kushalpur, In Front Of Pahadi Talab, Backside Of Sonkar Cycle Store, Raipur, Ps Ajad Ganj, Distt Raipur, Chhattisgarh

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9. Suresh Kumar Sahu S/o Shri Ganga Prasad Sahu R/o Village Lavan, Ps And Tah Kasdol, Distt Balauda Bazar- Bhatapara, Chhattisgarh

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10. Tikam Lal Sahu S/o Shri Sundar Lal Sahu R/o Village Potapara, Ps And Post Pithora, Distt Mahasamund, Chhattisgarh

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11. Kamal Kishor Patel S/o Shri Bhagat Ram Patel R/o Village And Post Hataud, Ps And Tah Kasdol, Distt Balauda Bazar- Bhatapara, Chhattisgarh

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12. Hem Lata Soni D/o Shri Vikas Avdhiya R/o Paras Nagar Devendra Nagar, Backside Of Masjid Raipur, Ps Devendra Nagar, Distt Raipur, Chhattisgarh

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13. Lokeshwari Sahu D/o Shri Budalal Ram Sahu R/o Village Chhachhi, Post Pisid, Ps Kasdol, Distt Balauda Bazar- Bhatapara, Chhattisgarh

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14. Neha Verma D/o Shri Manohar Lal Verma R/o Priya Buti, Backside Of Ram Mandir, Shanti Nagar, Raipur, Ps Mova Raipur, Chhattisgarh

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15. Sukumari Tandan D/o Shri Ramlal R/o Village Tildabandha, Post Nivari, Vyaha Ravana, Ps Kasdol, Distt Balauda Bazar- Bhatapara, Chhattisgarh

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16. Shobhit Singh Paikra S/o Shri Shyam Lal Paikara R/o Village Babhani Kharve, Ps And Tah Kasdol, Distt Balauda Bazar- Bhatapara, Chhattisgarh

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17. Mina Kumari Paikra S/o Shri Barsan Paikra R/o Village Naya Kharve Post And Ps Kasdol, Distt Balauda Bazar- Bhatapara, Chhattisgarh

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18. Minakshi Kumar Dhruv S/o Shri Late Basant Dhruv R/o Nagar Panchayat Palari, Post Palari, Ps Kasdol, Distt Balauda- Bazar, Chhattisgarh

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19. Dhan Singh Dhruv S/o Shri Derha Ram Dhruv, R/o Village And Post Bagbuda, Ps And Tah Kasdol, Distt Balauda Bazar- Bhatapara, Chhattisgarh

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20. Kumari Lochan Dhruv D/o Shri Bhagavat Singh Dhruv, R/o Kosam Kheda, Post Jamganv, Ps Fingeshwar Rajim, Distt Gariyaband, Chhattisgarh

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21. Santosh Kumar Dahriya S/o Shri K.R.Dahariya, R/o V.V.Vihar Colony, Q.N. 20 Steat No.2, T.V.Tavar Colony Near Railway Crossing, Vidhan Sabha Road, Raipur, Ps Vidhan Sabha Road, Distt Raipur, Chhattisgarh

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22. Lallu Ram Gendre S/o Shri Geeta Ram Gendre R/o Village Bardih Post Kharora, Ps And Tah Tilda, Distt Raipur, Chhattisgarh

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23. Laxmi Kant Banjare D/o Shri Hemlal Banjare R/o Infrant Of Babha Shah, H.S.School, Chhattisgarh Nagar Tikrapara, Raipur, Ps Tikrapara, Distt Raipur, Chhattisgarh

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24. Yashvanti Kurre D/o Dev Munni Anand Kurre R/o Village Shardhabhata, Post Balpur, Ps And Tah Bilaigarh, Distt Balauda Bazar- Bhatapara, Chhattisgarh

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25. Giri Nand Sahu S/o Shri Ganga Prasad Sahu R/o Hadhapara Kasdol, Ps And Tah Kasdol, Distt Balauda Bazar- Bhatapara, Chhattisgarh

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26. Deva Nand Verma S/o Shri Lt Mahesh Kumar Verma R/o Through Domar Singh Verma, Village Vatgan, Ps And Tah Palari, Distt Balauda BazarBhatapara, Chhattisgarh

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27. Kiran Nishad D/o Lt Jeturam Nishad R/o Adars Nagar Matpara, Jalatat Marg, Raipur, Ps Puranibasti, Raipur, Distt Raipur, Chhattisgarh

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---- Respondents

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(Cause Title taken from Case Information System)

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For Petitioner	: Mr. Akath Kumar Yadav, Advocate
For Res./State	: Ms. Neelima Singh, Panel Lawyer

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Hon’ble Mr. Justice Rakesh Mohan Pandey Order on Board

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05.07.2024

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1. The Writ Petition bearing WPS No. 2787 of 2013 has been filed by the petitioner with the following relief(s):-

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“ 10.1. That, this Hon’ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner.

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10.2 . That this Hon’ble Court may kindly be pleased to direct the respondent No. 1 to examine the matter and conduct enquiry with respect to the relation to the selection & appointment made on 26.03.2013.

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10.3 That this Hon’ble Court may kindly be pleased to quash the impugned appointment order dated 26.03.2013 (Annexure P/1) with all consequential actions.

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10.4 . That this Hon’ble Court further may kindly be, direct the respondent authority to consider the candidature of the petitioner in accordance with rule and issue appropriate order in favour of petitioner.

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10.5. That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petition may be given.”

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2. The Writ Petition bearing WPS No. 3998 of 2013 has been filed by the

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petitioner with the following prayer(s):-

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“10.1 . That, this Hon’ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner.

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10.2. That this Hon’ble Court may kindly be pleased to direct the respondent No. 1 to examine the matter and conduct enquiry with respect to the relation to the selection & appointment made on 02.04.2013.

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10.3. That this Hon’ble Court may kindly be pleased to quash the impugned appointment, order dated 02.04.2013 (Annexure P/1) with all consequential actions.

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10.4 That this Hon’ble Court further may kindly be, direct the respondent authority to consider the candidature of the petitioner in accordance with rule and issue appropriate order in favour of petitioner.

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10.5. That any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the cost of the petitioner may be given.”

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3. Since a common question of law and fact is involved in both petitions, they are heard analogously and decided by this common order.

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4. Brief facts of the case are that the Chief Medical & Health Officer, Baloda Bazar-Bhatpara and Raipur-Gariyaband issued a common advertisement on 13.06.2012 inviting applications for the post of Assistant Grade-III as well as other posts in the Medical Department. There were 40 posts of Assistant GradeIII in District-Baloda Bazar and the required eligibility criteria were as under:-

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(i) the candidate should have passed the 12^th Board examination (10+2) from any recognized Board of Higher Secondary Education;

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(ii) the Candidate should have passed the data entry operator/diploma in programming/certificate examination from a recognized Institute; and

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(iii) the candidate should have efficiency in Hindi typing on a computer @ 5000 key impressions per hour.

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5. The petitioner applied for the post of Assistant Grade III as she was eligible as per the eligibility criteria given in the advertisement. The petitioner further pleaded that the candidates were appointed based on skill tests and no interview was conducted. It is also pleaded that though the merit list was published, the petitioner was not selected.

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6. Mr. A. K. Yadav, learned counsel appearing for the petitioner submitted that a merit list was published by both the Districts i.e. Baloda Bazar-Bhatpara and Raipur-Gariyaband. The petitioner secured 17 marks in the merit list published by the District - Baloda Bazar-Bhatpara whereas she secured 12 marks in the merit list published by the District Raipur-Gariyaband. He further submitted that the petitioner applied under the Right to Information Act and it was informed by the Public Information Officer that the petitioner secured 17 marks in District – Balodabazar-Bhatapara. He also submitted that there was some manipulation, as

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under the RTI, it was informed that the petitioner secured 12 marks in the interview but in the merit list, she secured 17 marks. He further argued that the petitioner had been placed on the waiting list in the District - Baloda BazarBhatapara whereas no merit list or waiting list was prepared immediately after the declaration of the result. He also argued that the respondent authorities ought to have conducted the interview as per the condition of the advertisement but to shorten the list of eligible candidates, they called candidates who had secured more than 60% marks in Diploma in Computer/DCA and the respondents contravened one of the conditions of the advertisement and thus, changed the rule of the game.

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7. On the other hand, the learned State counsel while opposing the submissions made by counsel for the petitioner submitted that for Assistant Grade III, knowledge of computer was mandatory, therefore, they were called for a skill test and actually it was an interview. She further submitted that to shortlist the candidate, the employer may apply reasonable methods and in the present case, the candidates who had secured more than 60% marks were called for a skill test/interview. She also submitted that the skill test was conducted for Assistant Grade III only and for other posts, the interview was conducted. She further argued that the petitioner did not find a place on the merit list, therefore, she was not selected and in the District - Baloda-Bazar-Bhatapara she was on the waiting list. She also argued that the petitioner secured 17 marks in the skill test in District - Baloda Bazar-Bhatapara therefore; the ground raised by the counsel for the petitioner that under the RTI the petitioner was informed that the petitioner secured 12 marks is misconceived. Therefore, both petitions deserve to be dismissed.

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8. I have heard learned counsel appearing for the parties and perused the documents available on record.

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9. Admittedly, the petitioner applied for the post of Assistant Grade-III wherein computer typing was a basic requirement for the said post, therefore, instead of interviewing, the candidates were invited for skill tests. The respondents interviewed the candidates for other posts, therefore, the decision taken by the employer to invite the candidates of Assistant Grade-III for skill tests cannot be held erroneous.

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10. The petitioner participated in the entire requirement process. She participated in skill tests too in the Districts Baloda Bazar–Bhatapara and RaipurGariyaband. In Baloda Bazar–Bhatapara she secured 17 marks whereas in Raipur she secured 12 marks. She was not on the merit list therefore, she could not be selected or appointed and thereafter she filed the instant writ petition.

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11. Taking into consideration the above-stated facts, in the opinion of this Court, no case is made out for interference in the instant petitions. Hence, both the petitions fail and are hereby dismissed . No cost (s).

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Sd/-

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(Rakesh Mohan Pandey) Judge

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amita

Swati Pandey v. State Of Chhattisgarh and Ors.

Case brief

What is this about?

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Swati Pandey v. State Of Chhattisgarh and Ors.

Case brief

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What did the court decide?

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