Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:2429-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 320 of 2025 1 - Kiran Komane D/o Shatruhan Aged About 33 Years Posted As Panchayat Secretary, R/o Ward No. 1 Bajrang Nagar Deewar Para Ke Aage, Sakri, District-Bilaspur (C.G.)
... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Law And Legislative Department, Mantralaya Atal Nagar, New Raipur, District-Raipur (C.G.) 2 - Chhattisgarh Public Service Commission Through The Secretary, Chhattisgarh Public Service Commission, North Block, Sector-19, Nawa Raipur, Atal Nagar, District-Raipur (C.G.)
... Respondent(s) _________________________________________________________ For Petitioner(s) : Mr. Ujjwal Choubey, Advocate For Respondent No.1 /State : Mr. Shashank Thakur, Deputy Advocate General For Respondent No. 2 /PSC : Mr. Animesh Tiwari, Advocate _________________________________________________________ Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri
Ravindra Kumar Agrawal
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
15 . 01 .202
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1. Heard Mr. Ujjwal Choubey, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondent No.1 and Mr. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA Date: 2025.01.15 17:49:09 +0530
2 Animesh Tiwari, learned counsel, appearing for respondent No.2 / PSC. 2. The present under Article 226 of the Constitution of India has been filed by the petitioner with the following prayers :-
“10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby declaring the Rule 7(1)(c) of Rules, 2006 brought in by notification dated 05.07.2024, which was issued in exercise of powers conferred by proviso to Article 309 of the Constitution of India, as ultra vires to Articles 14 and 16 of the Constitution of India. 10.2 That this Hon'ble Court may kindly be pleased to quash the impugned Clause-(3) (iv)(b) of impugned advertisement dated 23.12.2024 published on 25.12.2024 and further be pleased to direct the respondent authorities to allow the petitioner to participate in the selection process for the post of Civil Judge (Junior Cadre), in accordance with law. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”
3.
Learned State counsel has pointed that the Rules in question has been framed by the State in consultation with the Hon’ble High Court and the Hon’ble High Court has not been party as a respondent in the present case, to which learned counsel for petitioner states that he may be permitted to withdraw the instant
3 petition with liberty to a fresh petition impleading the Hon’ble High Court as party respondent. 4. Accordingly, the instant petition is dismissed as withdrawn with liberty as prayed for. Sd/- Sd/- (Ravidra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra