1 2025:CGHC:26322 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5111 of 2017 1 - Mamta Sen D/o D.P.Sen, Aged About 37 Years R/o Q. No. 1 / 268, Albelapara, Thana, Tahsil And District Kanker Chhattisgarh., Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Higher Education Mantralaya, Naya Raipur, District Raipur Chhattisgarh., Chhattisgarh 2 - Chhattisgarh Professional Examination Board, Through Secretary, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Controller, Chhattisgarh Professional Examination Board, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Chhattisgarh Public Service Commission, Through Its Secretary, Shanker Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner : Shri Parag Kotecha, Advocate. For Respondent/State : Shri Dashrath Prajapati, P.L. For Respondents No.2 & 3 : Dr. Saurabh Kumar Pande, Advocate. For Respondent No.4 : Ms. Apurva Nigam, Advocate holding the brief of Dr. Sudeep Agrawal, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20.06.2025 SMT NIRMALA RAO -2- 1. The petitioner has filed this petition seeking the following reliefs:- “10.1. The Hon'ble Court may kindly be please to direct the respondents to issue fresh result of the petitioner showing her to be Other Back Ward Class (Non Creamy Layer) candidate Category and further please direct the respondents to declare Status of the petitioner to be qualified in the Chhattisgarh State Eligibility Test Examination 2013. 10.2. The Hon'ble Court may kindly be please to quash/set aside the order dated 25/3/15 (Annexure P/11) 10.3. Any other relief which this Hon'ble court deems fit and proper under the fact and circumstances of the case and in the interest of justice. The cost of the petition may be awarded in favour of the petitioner.” 2. Learned counsel for the petitioner would submit that respondents No. 2 & 3 invited online applications for the Chhattisgarh State Eligibility Test, 2013. He would contend that the petitioner applied for the eligibility test as a member of the Other Backward Class (Non-Creamy Layer), but due to an error in filling the OMR Sheet, she inadvertently marked her category as ‘Creamy Layer’, resulting in the rejection of her candidature. He would further submit that in the earlier round of litigation, a direction was issued to the respondents to consider the claim of the petitioner, but the same was rejected by the Professional Examination Board and subsequently by the State Government. He prays for a direction to 3 be issued to the respondents to consider the claim of the petitioner for the rectification of her category. 3. On the other hand, learned counsels for the respondents would oppose the submissions made by counsel for the petitioner. They would submit that the petitioner herself incorrectly marked her social status as ‘Creamy Layer’ in the OMR sheet, and as such, her candidature was rightly rejected. They would also submit that the Chhattisgarh State Eligibility Test Examination was again conducted in the year 2024 and by efflux of time, the petition has become infructuous. 4. Heard. 5. Considering the fact that the petitioner herself was negligent in filling the OMR sheet and marked her category as ‘Creamy Layer’ and that the representations have already been rejected by the respondent authorities through detailed orders, this Court finds no merit in the petition. Moreover, the Chhattisgarh State Eligibility Test was again conducted in the year 2024. 6. In view of 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. Sd/- (Rakesh Mohan Pandey) Judge Nimmi