1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2706 of 2023 Reserved On 02.12.2025 Delivered On 15/01/2026 1 - Khushbu Yadav D/o. Shri Hirday Ram Yadav, Aged About 29 Years R/o. H. No. 452, Mitan Chowk, Subhash Nagar, Durg, District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya Naya Raipur, District Raipur Chhattisgarh. 2 - Director, Directorate Of Higher Education Department, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 3 - Chhattisgarh Public Service Commission, Raipur, Through Its Secretary, Public Service Commission, Raipur Shankar Nagar, Raipur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Jeet Ram Patel, Advocate For State : Mr. Dashrath Prajapati, Panel Lawyer For Respondent : Mr. Anand Mohan Tiwari, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad C A V Order 1. This petition has been filed by the petitioner seeking for the ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 following relief(s) :- 10.1. That, this Hon'ble Court may kindly be pleased to issue a order/orders and direction/directions, writ/writs, respondents may kindly be directed to consider the case of the petitioner for appointment on the post of Assistant Professor (Geology) Higher Education Department through the waiting list. 10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider and decide the representation (Annexure P/6) of the petitioner. 10.3. That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner. 2. Facts of the case :- The present petition has been preferred before this Court against the arbitrary inaction of the respondent authorities in failing to consider the petitioner’s candidature for appointment to the post of Assistant Professor (Geology) despite his being placed at Serial No. 1 in the waiting list under the OBC category. The Public Service Commission issued an 3 advertisement dated 23.01.2019, subsequently modified by corrigendum dated 08.01.2021, inviting applications for five backlog vacancies of Assistant Professor (Geology), wherein three posts were reserved for Scheduled Tribe, one for Scheduled Caste, and one for Other Backward Class. The petitioner, being an eligible OBC candidate, participated in the selection process; however, due to a limited number of qualifying candidates, only three posts could be filled, leaving two posts vacant. The final result and waiting list were declared on 10.02.2021, wherein the petitioner was placed first in the OBC waiting category. Subsequently, one selected candidate, namely Shri Mofid Ali, appointed against the OBC post vide order dated 26.10.2021 and posted at Government E. Vishvesraiya P.G. College, Korba, failed to join within the stipulated period of one month and was repeatedly granted extensions up to 22.09.2022 despite allegedly being employed elsewhere as a Hydrologist. The petitioner, being next in merit and eligible for consideration, has repeatedly approached the respondent authorities seeking appointment against the unfilled post; however, the same has not been considered nor has the waiting list been acted upon or exhausted, resulting in denial of the petitioner’s legitimate right to be considered for appointment. 3. Learned counsel for the petitioner submits that the action of the respondents in failing to operate the waiting list and consider the petitioner for appointment against the available vacancy is 4 arbitrary, illegal, unreasonable, and contrary to settled principles of law governing selection and appointments. It is contended that since the petitioner belongs to the same reserved category and stands at Serial No. 1 in the waiting list, she is legally entitled to be considered for appointment against the said post, particularly when the originally selected candidate under the OBC category, namely Shri Mofid Ali, has failed to join and is admittedly employed elsewhere as Assistant Hydrologist at Allahabad. It is further submitted that despite repeated representations and requests made by the petitioner from the beginning, the respondents have neither cleared the waiting list nor issued an appointment order in her favour, whereas the selected candidate was unjustifiably granted repeated extensions without any request on his part, which reflects clear administrative arbitrariness and discrimination. Counsel submits that once a selected candidate does not join within the stipulated period, the vacancy ought to be filled from the waiting list and the petitioner, being next in merit, has a vested right to be considered for appointment. 4. Learned counsel for the respondent submits that the Public Service Commission, in due discharge of its statutory functions, issued an advertisement dated 23.01.2019 followed by corrigendum dated 08.01.2021 inviting applications for various posts of Assistant Professor, including five backlog posts in the subject of Geology, wherein one post was reserved for the OBC category. It is admitted that the petitioner participated in the 5 selection process and her name was placed at Serial No. 1 in the waiting list under the OBC category upon declaration of the final result on 10.02.2021; however, mere inclusion in a waiting list does not confer any indefeasible right to appointment. It is further submitted that although one selected candidate, namely Shri Mofid Ali, appointed against the OBC post, did not join, the petitioner cannot derive any legal benefit therefrom as the waiting list stood exhausted by efflux of time. Inviting attention to Rule 19.2 of the Chhattisgarh Public Service Commission Rules of Procedure, published on 29.10.2014, counsel submits that both the select list and the waiting list remain valid only for one year and six months from the date they are made effective. In the present case, the petitioner has approached this Hon’ble Court belatedly on 20.04.2023, i.e., after expiry of more than two years from the date of publication of the result, without offering any plausible explanation for the delay. Therefore, on the ground of limitation alone and in absence of any enforceable right, the present petition is not maintainable and deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the documents available on record with utmost care. 6. The Division Bench of this Hon’ble Court, in Dr. Mahendra Sahu v. State of Chhattisgarh & Others, decided in Writ Petition No. 10171 of 2019 on 22.11.2023, has considered an identical issue as arises in the present case and has held as under:— 6 “17. The petitioner had been vigilant and alert towards his rights all along as he had been pursuing the authorities continuously by making various representations and ultimately he had to file a petition also just to get his representation decided. The approach of the respondent authorities l.e. the State as well as the CGPSC is such which cannot be appreciated. A candidate who has worked hard for his selection but unfortunately could not make it in the final select list but could secure first position in the waiting list. When the selected candidate was not interested in joining the post advertised, the respondent authorities either could have rejected the entire waiting list and could have gone for re- advertisement of the post or could have taken the waiting list candidate who was at serial No. 1. However, instead of adopting any of the methodology, the respondent authorities took their own time in communication and allowed the waiting list to expire. Had it been a case where the petitioner would have approached theauthorities or this Court after expiry of the waiting list or at the fag end of the waiting list, things would have been different. In this case, the petitioner has all along been vigilant and continuously approaching the authorities but the things on the side of the respondent authorities moved at a snail's pace. 19. In view of the above, we are of the considered opinion that in the above facts and situation of the case, the order dated 7 22.07.2019 (Annexure P/2) passed by the Secretary, Government of Chhattisgarh, Health & Family Welfare Department, has no legs to stand and the same deserves to be quashed. As a fall out, without going into the issue with regard to declaring the Rules of 2014 particularly Rule 19.2 of the Rules of 2014 as ultra vires, it would be appropriate to direct the respondent authorities to issue appointment order in favour of the petitioner whose name found place at serial No. 1 of the wait list and the said wait list was allowed to expire because of the lapses and laches on the part of the State as well as the CGPSC.” 7. Considering the entirety of the facts and circumstances of the case, and upon due appreciation of the submissions made, this Court observes that the post in question under the OBC category has remained unfilled, and no further recruitment process has been initiated by the respondents to fill the said vacancy. The admitted position is that the originally selected candidate, namely Shri Mohammad Mofid Ali, has failed to join despite lapse of the permissible joining period and repeated extensions granted to him. The petitioner, Ms. Khushboo Yadav, stands at Serial No. 1 in the waiting list under the same category and had continuously pursued her claim before the authorities. In these circumstances, and in the absence of any justified reasoning for not operating the waiting list, this Court is of the considered opinion that denial of appointment to the petitioner is arbitrary and unsustainable in law. 8 8. In view of the above, this Court is of the considered opinion that, in the facts and circumstances of the present case, the petition is allowed, and it would be appropriate to direct the respondent authorities to issue a fresh appointment order in favour of the petitioner, namely, Ms. Khushboo Yadav, for the post of Assistant Professor (Geology), who is placed at serial No. 1 of the waiting list dated 10.02.2021, against the vacancy arising from the non- joining of Shri Mohammad Mofid Ali. The aforesaid exercise shall be carried out within a period of 60 days from the date of receipt of a certified copy of this order. 9. Certified Copy as per rules. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge The date when the judgment is reserved The date when the judgment is pronounced The date when the judgment is uploaded on the website. 02/12/2025 15/01/2026 Operative Full --/--/2026 15/01/2026 Saxena