1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2894 of 2024 • Khushvant Singh S/o Shri Dikpal Singh Aged About 29 Years Resident Of Kera Road, Ramkrishna Colony, Janjgir, District Janjgir - Champa, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through The Principal Secretary, Department Of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2. Secretary Department Of General Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3. Principal Chief Conservator Of Forest, Aranya Bhawan, Sector 19, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 4. Principal Chief Conservator Of Forest (Wildlife), Aranya Bhawan, Sector 19, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 5. Chief Conservator Of Forest Raipur Circle, Raipur, Chhattisgarh 6. Chhattisgarh Public Service Commission Through Its Secretary, North Block, Sector 19, Atal Nagar, Nava Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Amrito Das alongwith Mr. Yashraj Verma, Advocate For Respondents : Ms. Shailja Shukla, Dy. G.A. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.04 14:50:22 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 28/01/2025 1. The petitioner has preferred instant petition highlighting the absolute apathy demonstrated by the respondent authorities towards the petitioner who is a candidate in the waiting list prepared by the Chhattisgarh Public Service Commission for recruitment and appointment to the post of Forest Ranger. The instant petition also reflects the high-handed, arbitrary and illegal act sought to be perpetrated by the respondent authorities, by acting contrary to the statutory rules framed under Article 309 of the Constitution of India as well as the general principles of service jurisprudence. The Chhattisgarh Public Service Commission issued an advertisement on 10.06.2020, inviting candidature for recruitment to the post of Forest Ranger in the respondent department. The recruitment was being conducted in accordance with the qualifications prescribed under the Chhattisgarh Forest (Gazetted) Services Recruitment Rules 2015. That the Commission vide corrigendum dated 08.11.2021, increased the number of posts advertised to 177. Under the scheme of selection, the candidates had to appear in the written examination and interview to be conducted by the Commission and the shortlisted candidates (main list and wait list) in the order of merit shall be then called for document verification and physical test. Only such candidates who qualify the physical 3 test would be eligible for appointment. The written examination was conducted by the Commission whereafter the successful candidates were invited for interview. The petitioner was also all called in the interview and after having participated in the written test and the interview, the Commission prepared a list of shortlisted candidates on the basis of the consolidated marks obtained by the candidates in written test and interview. The Commission prepared the main list of 177 candidates and also prepared the waiting list in the order of merit. The petitioner was placed in the waitlist by the Commission. The said list of shortlisted candidates, including the waitlist candidates was sent by the Commission to the respondent department and the same was duly uploaded on the web portal of the Commission on 03.06.2023. That having received the list of shortlisted candidates by the Commission for the post of Forest Ranger, the State Government constituted a committee for holding the document verification as well as the physical test of the said shortlisted candidates (main list and waitlist). Out of 177 candidates who were called for document verification and physical test, 17 candidates did not participate in the process of document verification and therefore they abandoned the process of selection itself. Furthermore, 3 candidates who were given appointment order refused to join the said post, and therefore the said posts are also lying vacant, i.e., 20 posts of Forest Ranger out of 177 are lying vacant which are undisputed and which have to be filled up from the candidates in the 4 waiting list. Rule 11(7) of the Rules 2015 categorically provide that in case the selected candidates fail to give their joining or ae otherwise found to be unfit, the candidates from the wit list can be considered. The petitioner is a meritorious candidate in the wait list and therefore the petitioner has a legitimate right to be considered for selection and appointment to the vacant notified posts of Forest Ranger on which the selected candidates have either abandoned the process of selection and shown their disinterest or where the selected candidates have not given their respective joining. Against the said vacant posts, the candidates from the waitlist were required to be called and granted appointment, whereas the respondent authorities have shown their absolute apathy and inaction. The petitioner has a legitimate right to be duly considered for appointment and the respondents cannot for any arbitrary reason stall the said process of selection. Unfortunately, the same was not being done and as a result, the petitioner along with other similarly situated candidates preferred a representation on 10.11.2023 requesting for document verification and physical test to be conducted from the candidates in the waiting list. The petitioner along with other similarly situated candidates preferred a detailed representation on 12.12.2023 requesting the authorities to hold the physical test of the petitioners. The petitioner along with other similarly situated candidates again submitted their representation on 26.12.2023. However, the respondent authorities have not taken any action. the conduct 5 on part of the respondent authorities clearly demonstrate that the rights of the petitioner are sought to be frustrated for no reason. Such a conduct on part of the respondent authority is blatant violation of Article 14, 15, 16 and Article 21 of the Constitution of India. The entire conduct on part of the respondent authorities is contrary to the rule of law and the cherised principles of constitutionalism. The petitioner ought to have been called for physical test after 20 candidates from the main list abandoned the process of selection or refused to give joining despite issuance of appointment order, and the notified vacancies were still available during the currency of the waiting list. The life of the waiting list is also limited and therefore the respondent authorities ought to have acted in a positive manner, strictly in consonance with the Rules 2015 to give opportunity to the petitioners. Hence, this petition. 2. According to the return of the State/Respondents No.1 to 5, shortlisted candidates in the main list who cleared physical test were granted appointed order vide dated 6.10.2023 wherein 132 candidates were appointed as against 177 advertised posts. On the request of the unsuccessful candidates a letter has been issued by the authorities for conducting the second physical caliber walking test whereas on 18.1.2024. Letter dated 20.6.2024 which was communicated by the under Secretary, Forest and Climate Change Department to the PCCF, Chhattisgarh whereby the relevant Rules 2015 has been considered and disclosed on the basis of rider of the rules, it 6 has been found that if second chance of physical caliber walking test is given it would not be against the mandate of Rules 2015, therefore, the permission to the unsuccessful candidates for second physical caliber walking test would be inappropriate, however, there is specific order memo dated 7.10.2024 for which, it has been communicated to the PCCF by the Under Secretary wherein a reference has been given of the letter dated 18.1.2024 and 20.6.2024 and decision has been taken not to give second opportunity to the unsuccessful candidates for second physical caliber walking test. Subsequently, letter has been written for extension of validity of list up to 2.6.2025. Pursuant to said communication the CGPSC has accorded its consent/permission for the same. The Respondents/State have requested for the updated waiting list from the CGPSC as two candidates from the waiting list are not willing to participate in the selection process. After receiving the updated waitlist, eligible candidates from waitlist will be called for documents verification and physical walking caliber test for undisputed pots/vacancies. For the disputed post/vacancies, eligible candidates from waitlist will be called for documents verification and physical caliber walking test after the decision of this Court in WPS No.5373 of 2024, WPS No.6989 of 2024 and other similar cases. 3. After consideration of the arguments advanced by learned counsel for the petitioner as well as by learned counsel for the respondents and considering the letter dated 31.12.2024, this 7 Court is of the considered view that the petitioners are entitled to get appointment from waiting list considering their respective merit position as against the available vacant posts in the relevant category, since the selected candidates either abandoned the process of selection or refused to give joining, strictly in accordance with the Rules 2015. 4. It is expected from the Respondents that they will do the necessary exercise within a period of two months from the receipt of a copy of this order and the compliance of this exercise be sent to the Registrar (Judicial) of this Registry. 5. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge vaishali