1 / 4 2025:CGHC:15198 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2077 of 2025 1 - Aishwary Netam S/o Shivjee Netam Aged About 27 Years R/o Village And Post Kukrel, Tehsil- Nagri, District Dhamtari, Cg 2 - Dev Ashish Pradhan S/o Subhash Singh Pradhan Aged About 25 Years R/o Street No.- 24, Quarter No.- 3a, Sector 7, Bhilai Nagar, District- Durg, Cg ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department of Commerce And Industries, Atal Nagar, Naya Raipur, District- Raipur, C.G. 2 - Chhattisgarh Public Service Commission Through Its Secretary, North Block, Sector- 19, Atal Nagar, District- Raipur, C.G. 3 - Examination Controller, Chhattisgarh Public Service Commission, Through Its Secretary, North Block, Sector- 19, Atal Nagar, District- Raipur C.G. ... Respondents (Cause title is taken from Case Information System) For Petitioners : Mr. Shobhit Koshta, Advocate For Respondents/ State : Mr. Ajit Singh, G.A. For Respondents/PSC : Mr. Gary Mukhopadhyay, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 01/04/2025 1. By the present writ petition, the petitioners, who are having the requisite eligibility criteria as per the advertisement date AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.01 17:51:12 +0530 2 / 4 03/03/2025 issued for the post of Assistant Director (Industries)/Manager (Commerce and Industries), seeking direction towards the respondents to accept the applications of the petitioners in the said recruitment process as they are qualified to participate. 2. Learned counsel for the petitioners would submit that at the time of submission of the application form, there is a clause/column seeking information that ‘Is candidate ever terminated during the term of service’. To fulfill the form, the petitioners have to submit the said information. The petitioners earlier appointed as Transport Sub-Inspector (Technical) on probation and during the probation of the petitioners, on 19/06/2024, the petitioners were terminated by giving one month salary on the ground that at the time of selection of the petitioners, the recruiting agency has wrongly provided relaxation of height and for which, the services of the petitioners were terminated on 19/06/2024. Learned counsel for the petitioners would submit that the termination of the petitioners services when they were on probation was not due to any fault of the petitioners whereas due to wrong grant of relaxation of height, hence, though there is no fault of the petitioners but to fulfill the form of the subject advertisement, they mentioned against the aforesaid column as ‘Yes’. The application form is not being accepted by the Public Service Commission/respondents due to said termination of the petitioners. 3. Learned counsel for the State as well as the Public Service 3 / 4 Commission, on advance copy, submits that the Clause at page 19 of the OnLine application is very specific that if the candidate ever terminated during the term of service, then they will not be permitted to participate in the selection process or to submit the OnLine application form. However, learned counsel for the State submits that the termination of the petitioners was not due to the fault of the petitioners whereas the services were terminated on the ground that the height relaxation was provided wrongly to the petitioners by the recruiting agency which can be seen from the order sheet annexed by the petitioners at page 27. 4. I have heard learned counsel for the parties and perused the pleadings and the documents. 5. It appears from the order sheet of the State Government dated 22/02/2024 as well as the order by which, the services of the petitioners were terminated on 19/06/2024 that the services of the petitioners were terminated on the ground that the recruiting agency has wrongly provided relaxation of height to the petitioners. It is also apparent from the order sheet dated 22/02/2024 and the order of termination that the termination order of the petitioners was not due to any fault of the petitioners or any wrong submission made by the petitioners whereas the recruiting agency themselves have provided the relaxation of height at the time of recruitment and only because of said order of termination dated 19/06/2024, the petitioners have to mention in the application form regarding their termination in earlier services. For which, the petitioners are not being permitted to fill the application 4 / 4 form to the advertisement dated 03/03/2025. 6. Looking to the aforesaid discussion and as there is a bona fide technical requirement to submit the information in the application form, for which the petitioners are being deprived from the submission of the application form, it is directed that the petitioners be permitted to submit their respective application form by ignoring the order of termination dated 19/06/2024 which is not because of the petitioners faults whereas because of the fault of State Government only. The Public Service Commission is directed to take necessary steps in this regard and ensure that application form of the petitioners be accepted. 7. With the aforesaid observation and direction, the writ petition is disposed of. SD/- (BIBHU DATTA GURU) JUDGE Amardeep