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2025 DAILYLAW 13608 (CHH)

Digambar Singh v. State Of Chhattisgarh

WPS/755/2017 · 2025-04-17

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:17685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 755 of 2017 1 - Digambar Singh S/o Late M. P. Singh, Aged About 34 Years R/o Ward No. 12, House No. 51/5, Nandini Nagar, Durg, Distt. Durg, Chhattisgarh, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Department Of Health And Family Welare, Through The Secretary, Capital Complex, 3rd Floor, New Raipur, Distt. Raipur Chhattisgarh, Chhattisgarh 2 - Director Health Service, Indirawati Bhawan, 3rd Floor, New Raipur, Distt. Raipur, Chhattisgarh, District : Raipur, Chhattisgarh 3 - Chief Medical And Health Officer, Department Of Health And Family Welfare, Distt. Rajnandgaon, Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------ For Petitioner : Shri J.K. Gupta, Advocate. For Respondent/ State : Ms. Neelima Singh Thakur, P.L. ------------------------------------------------------------------------------------------ Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.04.2025 SMT NIRMALA RAO -2- 1. The petitioner has filed this petition seeking the following reliefs: “1- That the Hon'ble court may be kind enough to call the record of the petitioner. 2-That the Hon'ble Court may be kind enough to pass a Writ/ writs, order/ orders, direction/ directions in the circumstances of the case and to quash the disqualification/ rejection of the petitioner Annexure P-1. 3-That the Hon'ble Court may be kind enough to pass any appropriate writ, order or direction as deemed fit in the circumstances of the case and to direct the respondents to verify the documents of the petitioner and pass appropriate order as per the clause of advertisement in the interest of justice.” 2. Learned counsel for the petitioner would argue that the petitioner applied for the post of Pharmacist Grade-II pursuant to an advertisement dated 18.7.2016 issued by respondent No.2 through the CG Vyapam. He would contend that a written examination was conducted by the CG Vyapam on 25.9.2016 and the result was subsequently declared, in which the petitioner secured 5th rank in the merit list. It is contended that the petitioner was never communicated to appear before the authorities for verification of documents. He would contend that the petitioner was declared disqualified vide 3 Annexure-P/1, thereafter, a representation was made on 31.12.2016 to declare him selected. He would also submit that the decision taken by the respondent authorities is liable to be quashed and the respondents may be directed to consider the name of the petitioner. 3. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioner. She would submit that the date for verification of documents was fixed by the CG Vyapam and due notice was published on its website, in the newspapers and a copy of notice was affixed on the notice board of the office of the Chief Medical Health Officer. She would further contend the petitioner failed to appear for verification of documents on the scheduled date, therefore, he was declared disqualified. 4. I have heard learned counsel for the parties and perused the documents present on the record. 5. Admittedly, the aspirants were informed to appear for verification of documents through the publication of a notice on the website, in the newspaper and by affixing a notice on the notice board of the Chief Medical & Health Officer, Rajnandgaon but the petitioner failed to appear on the scheduled date for verification of documents, therefore, he -4- was declared disqualified. Further, the recruitment process was completed in the year 2017-18 and the petitioner has not impleaded the selected candidates as party respondents. 6. Taking into consideration the above-discussed facts, I do not find any good ground to interfere in the matter. 7. Consequently, this petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge Nimmi