resolution in favour of the petitioner, the respondent issued a merit list and the name of the respondent no. 5 was in the top, even though he is ineligible for the post. The name of the petitioner is at S. No. 3, the second Candidate was declare ineligible. A copy of merit list is filed as Annexure P/3. When it came to the knowledge of the petitioner, that respondent no. 5 who is not eligible to apply was in the top of merit list, he immediately submitted, the objection to the respondents. A copy of objection dated 12/5/22 is filed as Annexure P/4. Primary Society had also made the complaint against the respondent no. 5 about his misbehavior with the Villagers, Sarpanch. Thereafter, it appears that the respondent authorities, do not want to grant the appointment to the eligible candidate that is petitioner, had vide notice cum order dated 11/4/2023, canceled the process of the appointment of Manager, only for the Primary Society Hurtarai, on the ground that same was not in accordance with the rules. It is noteworthy to mention that once the advertisement has been issued for various Primary Society, and the candidates have applied for the post then respondent cannot arbitrarily cancel the process of the appointment only for one particular society, which is ex facie illegal and arbitrary and discriminatory. A copy of notice cum order is filed as Annexure P/6. Petitioner is eligible and entitled for the post of the Manager and he should in the top of merit list and appointment orders are to be issued in favour of the petitioner as the petitioner fulfills all the qualifications for the post as per Chhattisgarh Rajya Prathamik Vanopaj Sahakari Sanstha Prabandhak Seva (Niyojan, Nibandha Tatha Karya Isthithi) Niyam (hereinafter referred as Rules) and respondent no. 5 is not entitled and eligible for the post. A copy of Rules is filed as Annexure P/7.
