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2019 DAILYLAW 1227 (CHH)

NEHA DADSENA v. STATE OF CHHATTISGARH

WPS/548/2019 · 2026-01-05

Shri Sanjay K Agrawal

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Judgment text

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Page No.1 of 3 IN WPS-548-2019 2026:CGHC:682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 548 of 2019 Neha Dadsena D/o Shri Tekram Dadsena Aged About 24 Years R/o Mig - 1-167, Amdi Nagar, Ward No. 56 Hudco, Bhilai West Bhilai, District - Durg Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner Versus 1- State Of Chhattisgarh Through Its Secretary, General Administrative Department, Mahanadi Bhawan, New Mantralaya, Village Rakhi, Naya Raipur District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chhattisgarh Public Service Commission Through Its Secretary, Shanker Nagar, Raipur District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Petitioner : Mr. A.K. Yadav, Advocate For Respondent-State : Mr. Amit Buxy, Dy. G.A. For Respondent No.02 : Mr. Anand Mohan Tiwari, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 06.01.2026 1. Heard. 2. This writ petition has been filed inter alia stating that in an advertisement issued on 10.10.2018 for filling up various vacancies in the State the respondent/competent authority has not provided SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN WPS-548-2019 reservation for the persons having “benchmark disability”, which has caused great prejudice to the petitioner herein, who is suffering from Sickle Cell disease from birth and, therefore, direction may be issued to the respondent/competent authority to provide said reservation to the petitioner herein qua advertisement/selection in question. 3. On the other hand, learned counsel appearing for the respondents submits that as per the circular of General Administration Department dt. 29.08.2018 (Annexure-R/1) the persons suffering from the disease of Sickle Cell have been categorized under “Orthopedic Disability” and the persons having said disability has been provided reservation to the extent of 2% and, further, said aspect has also been clarified vide letter dt. 07.05.2019 (Annexure-R/2). However, as per Annexure-P/02, the petitioner did not claim said reservation while making application against the advertisement/selection in question. Thus, at this stage, the petitioner cannot be allowed to make a u-turn and claim reservation. As such, the present writ petition deserves to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submission made herein above and went through the record with utmost circumspection. 5. In the case at hand, admittedly, the petitioner while making application against the advertisement/selection in question did not Page No.3 of 3 IN WPS-548-2019 claim reservation under the category of the persons having “benchmark disability of Sickle Cell” and, therefore, his case/candidature was not considered by the competent authority and, thereafter, selection process proceeded and final select list was also prepared on 01.02.2020. Now, at this stage, the petitioner cannot turn around and question the entire selection process on the ground that appropriate reservation has not been provided that too when 2% reservation for the persons having “Orthopedic Disability”, under which person having Sickle Cell disease has been categorized, was already provided in the advertisement. As such, I do not find any merit in this petition and same deserves to be dismissed. 6. Accordingly, this writ petition stands dismissed at admission stage. Sd/- (Sanjay K. Agrawal) Judge s@if