Dismissed

Om Prakash Thawait And Ors. v. State Of Chhattisgarh And Ors.

Chhattisgarh HC11 Aug 2024WPS/4489/2014

Case brief

AI extract

What is this about?

Petitioners challenged appointment of rival candidates to Lab Technician posts, arguing selected candidates failed to deposit a Rs.1600 demand draft required by later circulars. The court held the advertisement imposed no such condition and the circulars postdated appointments without notice to candidates; the writ petitions were dismissed.

What the court decided

AI extract

Om Prakash Thawait And Ors. Vs State Of… — Service and Employment | Chhattisgarh HC (2024)

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2024:CGHC:30286

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 4487 of 2014

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Gulab Singh S/o Shri Balram Singh Rajput, Aged About 34 Years R/o Purani Basti Road Police Station City Kotwali, Korba District Korba Chhattisgarh, District : Korba, Chhattisgarh. ---- Petitioner

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versus

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State Of Chhattisgarh, Through Secretary, Department Of Health And Safety, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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Commissioner, Health Services Mantralaya Mahanadi Bhawan, Naya Riapur Chhattisgarh, District : Raipur, Chhattisgarh.

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Joint Director Health Services, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

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Ku. Laxmi Ratnakar W/o Shri Umashankar Ratnakar R/o New Mandi Road Near Taj Ganga Tent Post Office Pandri Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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Smt. Jaya Shah W/o Shri Shivkumar Sahu R/o Near Sbi Atm, Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

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Ku. Anjali Gupta D/o Late Shri Rajkumar Gupta R/o Tilak Nagar Main Road, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

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Shri Suresh Kumar Patel S/o Shri Ramkumar Patel R/o Primary Health Care Bhatgaon Colri District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh

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Shri Vikas Kumar Yadav S/o Shri Shiv Kumar Yadav R/o Near Viduyta Sub Station Ashok Nagar Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

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Shri Rahul Kumar Jaiswal S/o Late Shri Mohan Lal Jaiswal R/o Community Health Care Khargaon, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh

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Shri Munna Lal Chakradhar, S/o Shri Amururai R/o Village Bhorkoni Via Bhagbhehra Post Office Bhorkoni District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh

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Shri Komal Prasad Sahu S/o Rohni Prasad R/o Gandhi Colony, Sirra Road Kohka, Post Office Supela Bhilai, District Durg Chhattisgarh, District : Durg, Chhattisgarh

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Shri Prabhjan Soni S/o Shri Goverdhan R/o Near R.K. Studio Ramadhin Marg Rajnandgaon, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh

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Shri Manas Shukla S/o Ramavtar Shukla R/o Ward No. 06, Near Dr. Dixit Hospital Kududhand Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

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Shri Rakesh Kumar Rathore S/o Kailash Praad Rathore R/o House No. 4/67, Chandan Aawas Rajkishor Nagar, Bilaspur District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

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Shri Santosh Kumar Yadav S/o Rajdhar Yadav R/o 100 Bistariya Hospital Wadarf Nagar Balrampur District Balrampur Chhattisgarh, District : Balrampur, Chhattisgarh. ---- Respondents

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AND

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WPS No. 4489 of 2014

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Om Prakash Thawait, S/o Shri Ram Kumar Aged About 28 Years R/o Village Jhal Post Office Gadamor Tahsil 7 P.S. Nawagarh Distt. Bemetara, Chhattisgarh.

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Tilak Ram Dhirrey S/o Shri Onkar Das Ghirrey Aged About 41 Years R/o Near Kali Mandir, Bahar Kosha Badi, Podi, PS Rampur, Distt Korba, Civil And Revenue Distt Korba, Cg, District : Korba, Chhattisgarh

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Sanjay Kumar Khande S/o Shri Ramkhilawan Khande Aged About 37 Years R/o Village Bharari, Ps Kota, Distt Bilaspur, Civil And Revenue Distt Bilaspur, Cg, District : Bilaspur, Chhattisgarh

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Sanjay Kumar Banjare, S/o Shri Mansa Ram Banjare Aged About 41 Years R/o Near Lafagrah Gas Godawan, Shubham Vihar, Ps Civil Line, Dist Bilaspur, Civil And Revenue Dist Bilaspur, Cg, District : Bilaspur, Chhattisgarh. ----Petitioners

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Versus

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State Of Chhattisgar, Through Secretary, Department Of Health And Safety, Mantralaya, Mahanadi Bhawan, Naya Raipur, Dist Raipur, Cg, Chhattisgarh

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Commissioner Health Services, Mantralaya, Mahanadi Bhawan, Naya Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh

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Joint Director Department Of Health Services, Bilaspur, Dist Bilaspur, Cg, District : Bilaspur, Chhattisgarh

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Jai Prakash S/o Shri Kapil Prasad Gupta R/o Village Suturma, Po Suturma, Tah Sitapur, Dist Surguja, Cg, District : Surguja (Ambikapur), Chhattisgarh

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Devshankar Jaiswal S/o Shri Niniram Jaiswal R/o Room No.244, Dr. Bhimrao Ambedkar Hospital, Mekahara, Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh

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Kamleshwar Kumar Patel S/o Shri Pitambar Prasad Patel R/ Village Jamurra, Po Jamurra, Tah Kharsiya, Distt Raigarh, Cg, District : Raigarh, Chhattisgarh

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Ramnarayan Nirmalkar S/o Shri Ramphal R/o Village Jahmla, Ps Pasgarh, Distt Janjgir Champa, Cg, District : Janjgir-Champa, Chhattisgarh

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Krishsan Kumar Choudary R/o Krishna Nagar, Behind T.V. Tower, Chote Aatarmura, Raigarh, Dist Raigarh, Cg, District : Raigarh, Chhattisgarh

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Ku. Rajni Dewangan D/o Shri Phaltelal Dewangan R/o Ward No. 15, Near Ravi Dairy, New Kashi Nagar, Korba, Dist Korba, Cg, District : Korba, Chhattisgarh

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Hemant Kumar Patel S/o Shri Lakhanlal Patel R/o Village Labharakhurda,. Post Office Mahasamund, Distt Mahasamund, Cg, District : Mahasamund, Chhattisgarh

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Raj Kumar Patel S/o Shri Akshay Kumar Patel R/o Near Post Office, Saraipali, Distt Mahasamund, Cg, District : Mahasamund, Chhattisgarh

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Yogendra Kumar Patel S/o Tekram R/o Village Basina, Ps And Po Suhela, Tah Simga, Distt Baloda Bazar-Bhatapara, Cg, District : Balodabazar-Bhathapara, Chhattisgarh

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Yashwant Singh S/o C.S.Patel R/o Nirmal Sadan, Devika Vihar, Rajkishore Nagar Bilaspur, Dist Bilaspur, Cg, District : Bilaspur, Chhattisgarh

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Aaghan Singh S/o Lt Shri Laxmiram R/oward No. 7, Chataisheet, Po Ahiwar, Dist Durg, Cg, District : Durg, Chhattisgarh

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Kamleshwar Ram Verma S/o Shri Dularurm Verma R/o Near Swarswati School Ward No. 01, Ram Nagar, Kawardha, Dist Kabirdham, Cg, District : Kawardha (Kabirdham), Chhattisgarh

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Shivcharan Banjare S/o Ram Khilavan R/o Village Bhojpur, Po Sargaon, Bilha, Dist Bilaspur, Cg, District : Bilaspur, Chhattisgarh

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Rohit Banjare S/o Mangatu Ram R/o Behind Dalla Bhawan, Sant Ravi Das Marg, Jarhabhata, Dist Bilaspur, Cg, District : Bilaspur, Chhattisgarh

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Chandra Shekhar Tandon S/o Sukhchain Tandon R/o Civil A.I. N.C. 05, S.B.I. Colony, Tifra, Bilaspur, Dist Bilaspur, Cg, District : Bilaspur, Chhattisgarh

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Yashwant Kumar Bhagel S/o Govindram R/o Village Gorra, Po Gorra, Tah Pusora, Raigarh, Dist Raigarh, Cg, District : Raigarh, Chhattisgarh

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Arvind Malhotra S/o Girja Singh R/o Village Jorela, Po Kosir, Tah Pamgarh, Distt Jangjir Champa, Cg, District : Janjgir-Champa, Chhattisgarh

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Tuleshwar Kumar Dshlehra S/o Bharat Das R/o Near Police Station, Forest Department Colony, Ps Mohla Station, Tah Mohla, Distt Rajnandgaon, Cg, District : Rajnandgaon, Chhattisgarh

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Vijat Kumar Dorre S/o Jevan Dayal Dorre R/o Village Kirwai, Po Damakhera, Ps Simga, Distt Baloda Bazar Bhatapara, Cg, District : Balodabazar-Bhathapara, Chhattisgarh

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Narendra Kumar Lehra, S/o Anirudh Lal R/o Murpar, Po Sarsiwa, Tah Bilaigarh, Distt Baloda Bazar- Bhatapara, Cg, District : BalodabazarBhathapara, Chhattisgarh

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Peter Kumar Khare S/o Mehentar Khare R/o Near Mandir Hasod, Mery Kutti Black Bhawan Balaji Colony, Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh

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Vikramadhitya Loleshwar S/o Chatur Singh R/o Christian Fellowship Hostal, Rajnandgaon, Distt Rajnandgaon, Cg, District : Rajnandgaon, Chhattisgarh

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Jay Prakash Gonde S/o Ramesh Kumar R/o House No. 4, Purana P.G.Hostel, Near Human Rights Officers Office, Mantralaya, Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh

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Bedram Chaturvedi S/o Daniram R/o Village Bohardiha, Ps And Post Farfoda, Aarang, Dist Raipur, Cg, District : Raipur, Chhattisgarh.

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---- Respondents

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For Petitioners	: Mr. Malay Shrivastava, Advocate
For State	: Mr. Atanu Ghosh, Deputy Government Advocate
For Respondents No.13, 15 & 24 in WPS No. 4489 of 2014	: Mr. Pranjal Shukla, Advocate
For Respondent No.18 in WPS No.4489 of 2014	: Ms. Surya Kawalkar Dangi, Advocate
For Respondents No. 12 in WPS No.4487 of 2014 and	: Mr. Alok Tiwari, Advocate
Respondents No. 14 & 25 in WPS No. 4489 of 2014

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Hon'ble Shri Justice Rakesh Mohan Pandey

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Order on Board

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12.08.2024

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1. In WPS No. 4487 of 2014, the petitioners have sought the following relief(s):-

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10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records with regard to the appointment on the post of Lab-Technician pursuant to advertisement dated 25/05/2012.

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10.2 That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 27.08.2013, 19.09.2013 & 17.01.2014 (ANNEXUR1) passed by respondent no. 3 as far as it relates to selection of the respondent no. 3 to 15 who have become ineligible on account of the none payment of the requisite online examination fees.

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10.3 That, this Hon'ble Court may be pleased to direct the respondent no. 3 to issue new selection list, as per the direction given in letter dated 19.02.2013 bearing no. 1021/Steno/2013 written by the respondent no.2, under which the petitioner no. 1 and petitioner no. 2 will qualify for the appointment for the post of the Lab Technician.

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10.4 Cost of the petition may kindly be granted to the

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petitioners.

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10.5 Any other relief which this Hon ble Court may deem fit be granted to the petitioners in the interest of justice .”

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In WPS No. 4489 of 2014, the petitioners have sought the following

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relief(s):-

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10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records with regard to the appointment on the post of Lab-Technician pursuant to advertisement dated 25/05/2012.

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10.2 That, this Hon'ble Court may kindly be pleased to quash the impugned order dated 27.08.2013, 16.09.2013, 19.09.2013 & 17.01.2014 (ANNEXUR P/1, P/2, P/3 & P/4) passed by respondent no. 3 as far as it relates to selection of the respondents No. 10 to 15.

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10.3 That, this Hon'ble Court may be pleased to quash the impugned order dated 27.08.2013 and 17.01.2014 (Annexure P/5 and P/4) passed by the respondent No.3 as far as it relates to selection of the respondents No. 21 to 27.

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10.4. That, this Hon'ble Court may be pleased to direct the respondent no. 3 to meticulously formulate the selection list with due consideration to the marks obtain by the respondents no.4 to 9 and respondents no.16 to 20, which qualifies the above mentioned respondents to be shifted to the unreserved category for the post of Lab Technician Grade-III.

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10.5 That, this Hon'ble Court may be pleased to direct the respondent no.3 to exclude the name of the respondents no.10 to 15 and respondents no. 21 to 27 from the merit list and appointment list who have failed to pay the demand draft as per the direction given in letter dated 19.02.2013 bearing no. 1021/Steno/2013 written by the respondent no.2.

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10.6 That, this Hon'ble Court may be pleased to direct the respondent no. 3 to issue a fresh selection, as per the direction given in letter dated 19.02.2013 bearing no. 1021/Steno/2013 written by the respondent no.2, under which all the petitioners will qualify for the post of the Lab Technician Grade-III in their respectively category.

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10.7 Cost of the petition may kindly be granted to the petitioners.

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10.8 Any other relief which this Hon’ble Court may deem fit be granted to the petitioners in the interest of justice .”

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Mr. Malay Shrivastava, the learned counsel appearing for the petitioners submitted that the petitioners were aspirants who appeared for the post of ‘Lab Technician’ pursuant to an advertisement dated 25.05.2012 issued by the Office of Additional Joint Director (Health Services), Bilaspur Division. He further submitted that as sufficient aspirants applied for the said post, therefore, an online examination was conducted on 29.07.2014. He also submitted that a merit list was prepared and thereafter, the private respondents were appointed to the post of ‘Lab Technician’ against the reserved category as well as the unreserved category. He contended that according to the circulars issued by the Office of Commissioner, Health Services, Raipur dated 19.02.2013 and 23.02.2013, the selected candidates had to deposit a bank demand draft (for short, ‘DD’) of Rs. 1600/- with the department, and the same was further notified on 23.02.2013 by the Additional Joint Director, Health Services. He further contended that the private respondents were selected and appointed against the aforesaid post,

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but they failed to deposit the DD of Rs.1600/- with the department, therefore, their appointments deserve to be canceled.

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1. It is argued that complaints were made before the authorities and an enquiry was also conducted against the erring officials. He referred to the circulars dated 19.02.2013 and 23.02.2013, which would show that the names of the candidates will not be considered for appointment if the DD amount has not been paid by them. He lastly argued that the pleadings made in this regard have not been rejected by the respondents in their return.

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1. On the other hand, the learned counsels appearing for the respondents would oppose. They submitted that an advertisement was issued on 25.05.2012 and there was no such condition as mentioned in the circulars dated 19.02.2013 and 23.02.2013, further, this information was not brought to the notice of the selected/appointed candidates by the department. They further submitted that the petitioners as well as private respondents participated in the recruitment process and when the petitioners could not qualify for the exam, they preferred these petitions.

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1. They further argued that as there was no condition in the advertisement with regard to the depositing DD of Rs. 1600/-, the appointment orders of the private respondents cannot be cancelled. They also argued that on the mistake of erring officials, the selected/appointed candidates cannot be penalized; thus, they prayed that the present petitions deserve to be dismissed.

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

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1. In the present case, an advertisement was issued on 25.05.2012 for various posts including ‘Lab Technician’. The petitioners as well as the

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private respondents submitted their application forms for the post of ‘Lab Technician’; an online exam was conducted on 29.07.2012 and a merit list was published.

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1. From a perusal of the advertisement dated 25.05.2012, it is evident that there was no condition with regard to deposit DD of Rs.1600/-; further, after the issuance of selection or appointment orders, this condition was inserted vide memos dated 19.02.2013 & 23.02.2013; there are no documents filed either by the petitioner or by the respondents to the effect that the circular/memos dated 19.02.2013 & 23.02.2013 were brought to the notice of the selected/appointed candidates.

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10) Since there was no condition embodied in the advertisement directing the candidates to deposit DD of Rs.1600/-, it cannot be said that the selected/appointed candidates committed any mistake in not depositing DD of Rs.1600/-, therefore, in the absence of such mandatory condition, no order can be passed by this Court to cancel the appointment orders of the selected/appointed candidates. Accordingly, these petitions are liable to be and are hereby dismissed . No Cost(s).

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Nadim

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Digitally signed by NADIM MOHLE

Om Prakash Thawait And Ors. v. State Of Chhattisgarh And Ors.

Case brief

What is this about?

What the court decided

Om Prakash Thawait And Ors. v. State Of Chhattisgarh And Ors.

Case brief

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