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2023 DAILYLAW 856 (CHH)

RITU DEWANGAN v. THE STATE OF CHHATTISGARH

WPS/5366/2023 · 2026-01-15

Shri Amitendra Kishore Prasad

body2023

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5211 of 2023 1 - Premlata Yadav S/o Pradeep Yadav Aged About 32 Years R/o Double Storey 1st Colony, Shanti Nagar, Banki Mongra, Near Panchu General Stores, Gajra Banki Mongra, Korba, District Korba (C.G.) --- Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Police (Home) Department, Mantralaya, Mahanadi Bhawan, New Raipur Atal Nagar, Raipur, District Raipur (C.G.) 2 - The Director General Of Police Department Of Home Affairs, (Police) Head Quarter Sector-19, Nava Raipur, District Raipur (C.G.) 3 - Chhattisgarh Professional Examination Board (Vyapam) Through Its Chairman, Vyapam Bhawan North Block Sector- 19, Atal Nagar Raipur (C.G.) --- Respondent(s) WPS No. 5794 of 2023 1 - Lalita Patel D/o Shri Shyamlal Patel Aged About 32 Years W/o Shri Lokesh Patel, R/o Ward No. 07, Village Girsa, Post Bonda, Saraipali, District Mahasamund ---Petitioner(s) Versus 2 1 - The State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhavan, Mantralay, Nava Raipur, Chhattisgarh 492002. 2 - The Director General Of Police Chhattisgarh Police Head Quarter, Sector- 19, Nava Raipur, Chhattisgarh. 3 - Chhattisgarh Professional Examination Board (Vyapam) Through Its Chairman, Vyapam Bhawan, North Block, Sector- 19, Atal Nagar, Raipur, Chhattisgarh. --- Respondent(s) WPS No. 5366 of 2023 1 - Ritu Dewangan W/o Shri Ravi Soni, D/o Shri Santosh Dewangan Aged About 32 Years R/o Abhanpur (N.P.) Raipur (C.G.) Pin-493661. ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhavan, Mantralaya, Nava Raipur, Chhattisgarh 492002. 2 - The Director General Of Police Chhattisgarh Police Head Quarter, Sector-19 Nava Raipur, Chhattisgarh. 3 - Chhattisgarh Professional Examination Board (Vyapam) Through Its Chairman, Vyapam Bhawan, North Block, Sector-19, Atal Nagar, Raipur, Chhattisgarh. --- Respondent(s) WPS No. 5396 of 2023 1 - Smt. Khushboo Sahu W/o Shri Vinod Kumar Sahu, D/o Basant Kumar Sahu Aged About 27 Years Caste Sahu, R/o Village And Post Tedesara, Tahsil And District Rajnandgaon, Chhattisgarh. 3 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya New Raipur, District : Raipur, Chhattisgarh 2 - The Director General Of Police, Chhattisgarh Police Head Quarter Sector - 19, Nava Raipur Chhattisgarh. 3 - Chhattisgarh Professional Examinatin Board, Vyavasayik (Cgvyapam) Through Its Chairman Vyapam Bhawan North Block, Sector - 19, Atal Nagar, Nawa Raipur District Raipur, Chhattisgarh. --- Respondent(s) WPS No. 5558 of 2023 1 - Aarti Kashyap W/o Kaleshwar Kashyap Aged About 30 Years Present Address- Old Irrigation Colony, Janjgir, District : Janjgir- Champa, Chhattisgarh ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhavan, Mantralaya, Nava Raipur Chhattisgarh 492002. 2 - The Director General Of Police Chhattisgarh Police Head Quarter, Sector 19- Nava Raipur, Chhattisgarh. 3 - Chhattisgarh Professional Examination Board (Vyapam) Through Its Chairman, Vyapam Bhawan, North Block, Sector-19, Atal Nagar, Raipur, Chhattisgarh. --- Respondent(s) 4 WPS No. 4529 of 2023 1 - Roshni Kerketta W/o Nitin Minj, Aged About 32 Years R/o House No. 7, Police Line, Khokhrabhata, District Janjgir Champa, Chhattisgarh. ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Nava Raipur Chhattisgarh 492002. 2 - The Director General Of Police, Chhattisgarh Police Head Quarter, Sector 19-Nava Raipur, Chhattisgarh. 3 - Chhattisgarh Professional Examination Board (Vyapam), Through Its Chairman, Vyapam Bhawan, North Block, Sector-19, Atal Nagar, Raipur, Chhattisgarh. --- Respondent(s) WPS No. 5220 of 2023 1 - Kusum Chandraker W/o Rahul Chandrakar Aged About 30 Years Present Address- 214, Ward No. 15, Gandhi Chowk, Post- Nipani, Tehsil And District Balod, Chhattisgarh ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhavan, Mantralay, Nava Raipur, Chhattisgarh 492002 2 - The Director General Of Police Chhattisgarh Police Head Quarter, Sector 19- Nava Raipur, Chhattisgarh 3 - Chhattisgarh Professional Examination Board (Vyapam) Through Its Chairman, Vyapam Bhawan, North Block, Sector-19, Atal Nagar, Raipur, Chhattisgarh 5 --- Respondent(s) WPS No. 5178 of 2023 1 - Neeta Rathore W/o Anuj Rathore Aged About 30 Years R/o Ward No.14, Bandhawapara, Tehsil Saragaon, District : Janjgir-Champa, Chhattisgarh ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhavan, Mantralay, Nava Raipur Chhattisgarh 492002. 2 - The Director General Of Police, Chhattisgarh Police Head Quarter, Sector-19 Nava Raipur, Chhattisgarh. 3 - Chhattisgarh Professional Examination Board (Vyapam) Through Its Chairman, Vyapam Bhawan, North Block, Sector-19, Atal Nagar, Raipur, Chhattisgarh. --- Respondent(s) For Petitioner(s) : Mr. Shalvik Tiwari, Advocate and Mr. Sahdev Yadav, Advocate For State : Mr. Anand Dadariya, Dy. A. G. For C. G. VYAPAM : Mr. Avinash Singh, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 16.01.2026 1. Since the factual matrix, pleadings, and the core legal issues involved in all the present writ petitions are identical, they were, with the consent of learned counsel for the parties, clubbed together, heard analogously, and are being decided by this 6 common order to avoid multiplicity of proceedings and conflicting decisions. 2. Learned counsel for the petitioners submits that in all the petitions, the petitioners seek identical relief on the ground that although they were duly declared successful in the written examination, they were unable to participate in the Physical Proficiency Test owing to pregnancy during the pendency of the recruitment process; it is contended that the recruitment process was initiated on 23rd August, 2018 and the Physical Proficiency Test was scheduled much later, on 27th July, 2023, and during this prolonged interregnum the petitioners got married and conceived, rendering them medically unfit to undertake the physical test at the relevant time; the petitioners, therefore, pray for deferment of the Physical Proficiency Test for a period of six months or such other reasonable time, with a further direction to permit them to appear in the Physical Proficiency Test thereafter for the posts of Subedar, Sub-Inspector (Special Branch, Radio, Fingerprint, Questioned Documents, Computer and Cyber Crime) and Platoon Commander, contending that denial of such opportunity would be arbitrary and unjust in view of the exceptional circumstances arising out of pregnancy. 3. On the other hand, learned counsel appearing for the respondents submits that the issue involved in the present batch of writ petitions has already been conclusively decided by a Co- 7 ordinate Bench of this Court while dismissing the earlier writ petition, and upon challenge thereto, the writ appeal was also dismissed, thereby affirming the order passed by the Co-ordinate Bench; it is further submitted that no relief whatsoever was granted for extension or deferment of the Physical Proficiency Test, and in view of the finality attained by the said decisions, the present writ petitions, raising identical issues and seeking the same relief, are wholly misconceived and liable to be dismissed. 4. 4. At the outset, it is noticed that the controversy raised in the present batch of writ petitions is no longer res integra, as the same issue has already been considered and conclusively decided by a Co-ordinate Bench of this Court in Writ Petition (S) No.5051 of 2023, which was decided on 20.05.2024, wherein the writ petition was dismissed on merits. Aggrieved by the said order, the petitioner therein preferred Writ Appeal No.450 of 2024, which was also dismissed, thereby affirming the view taken by the learned Single Judge. 5. A careful perusal of the pleadings and reliefs sought in the present writ petitions reveals that they are identical in all material respects to those raised and adjudicated upon in Writ Petition (S) No.5051 of 2023 and the subsequent writ appeal. The grounds urged herein are a mere reiteration of the submissions which have already been examined and negatived by this Court as well as by the appellate forum. 8 6. In view of the settled position of law and the binding effect of the earlier decisions, this Court finds no justification to reopen the issues or to take a view different from that already taken by the Co-ordinate Bench and affirmed in appeal. 7. The Co-ordinate Bench has not accepted the plea for extension of time to appear in the Physical Proficiency Test, and the same has been reaffirmed in the writ appeal; consequently, there remains nothing to be adjudicated in the present petition, as the issue already stands conclusively settled and accordingly, for the reasons and findings recorded in Writ Petition (S) No.5051 of 2023 decided on 20.05.2024 and Writ Appeal No.450 of 2024, which squarely apply to the present cases, all the writ petitions are devoid of merit and are hereby Dismissed. Sd/- (Amitendra Kishore Prasad) Judge Saxena