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2025:CGHC:7894-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3115 of 2023 K.G. Madhukar S/o Shri K.G. Ramlu Aged About 27 Years R/o Nadipara, Nalampalli, Chandragiri, Bijapur Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralaya, P.S. And P.O. Rakhi, Atal Nagar, Raipur District Raipur Chhattisgarh 2 - Director Directorate Of Medical Education, Old Nurses Hostel, D K S Bhawan Parisar, Raipur Chhattisgarh 3 - Chief Medical And Health Officer North Bastar Kanker Chhattisgarh 4 - Chairman Junior Staff Selection Board, Bastar Division, Jagdalpur Chhattisgarh 5 - The Principal Government Medical College Kanker Chhattisgarh 6 - The Principal Lt. B.K.M. Government Medical College, Kanker Chhattisgarh
... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Atul Kumar Kesharwani, Advocate For Respondent/State : Mr. Shashank Thakur, Deputy A.G.
Hon'ble
Shri
Ramesh Sinha, Chief Justice
Hon'ble
Shri R
avindra Kumar Agrawal
, Judge
Order on Board Digitally signed by VEDPRAKASH DEWANGAN
2 / 3 Per
Ramesh Sinha, C.J.
14/02/2025
1. Present petition has filed by the petitioner under Article 226 of the Constitution of India challenging the amendment dated 29.12.2012 to Schedule-II to Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhde Vargon Ke Liye Arakshan) Rules, 1998 with respect to the reservation provided therein. The petitioner has also challenged the recruitment process initiated pursuant to advertisement dated 05.01.2022, whereby excessive reservation has been provided. The petitioner has filed the present petition with the following reliefs:
“10.1 Issue appropriate writ/direction/order quashing the Amendment dt. 29.12.2012 to Schedule-II to Chhattisgarh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhde Vargon Ke Liye Arakshan) Rules, 1998 (Annexure P-1) by declaring the same to ultra-vires the Constitution of India, in the interest of justice. 10.2 Issue appropriate writ/direction/order setting- aside the impugned advertisement dt. 05.01.2022 (Annexure P-2) and the entire recruitment process pursuant to it including the selection lists and appointment orders, in the interest of justice. 10.3 To hold that the said recruitment process in so far as it exceeds 50% ceiling limit, is unconstitutional. 10.4 To provide any other relief(s) which this Hon'ble Court may deem proper under the facts and circumstances of the case.”
2.
At the outset, learned counsel for the petitioner would submit that he has filed an application for withdrawal of the writ petition (I.A. No. 02 of
3 / 3 2025) as the petitioner does not want to pursue the instant writ petition. 3. The prayer made by counsel for the petitioner in the application is not opposed by the State counsel. 4. On due consideration, I.A. No. 02 of 2025 stands allowed and the present writ petition is dismissed as withdrawn without any further liberty. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved