1 2025:CGHC:16935 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5947 of 2023 1 - Smt. Rekha Dewangan W/o Shri Chetanlal Dewangan Aged About 46 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project - Chura, Sector- Charauda, District Gariyaband (C.G.) R/o Village Bhendari, Block Magarlod, District : Dhamtari, Chhattisgarh 2 - Smt. Kunti Sahu D/o Shri Chanduram Sahu Aged About 47 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project -Chura, Sector Chura, District Gariyaband (C.G.) R/o Nagar Panchayat Chura, Housing Board Colony H-1, Tahsil Chura, District : Gariyabandh, Chhattisgarh 3 - Smt. Lukeshwari Chandrakar W/o Shri Parasram Chandrakar Aged About 38 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project -Chura, Sector Mudagaon, District Gariyaband (C.G.) R/o Village Saradih, Post Belsonda, Tahsil Mahasamund, District : Mahasamund, Chhattisgarh 4 - Smt. Roshni Narang W/o Shri Chandrama Prasad Narang Aged About 43 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project -Chura, Sector Kosmi, District Gariyaband (C.G.) R/o Nagar Panchayat Chura, Housing Board Colony H-2, Qtr. No.4, Tahsil Chura, District : AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.15 18:17:36 +0530 2 Gariyabandh, Chhattisgarh 5 - Smt. Yogeshwari Ghidaude (Before Marriage Named As Yogeshwari Ogre) W/o Shri Ashish Ghidaude Aged About 33 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project -Chura, Sector Panduka, District Gariyaband (C.G.) R/o Village Khapri, Post Uparwara, Tahsil Aarang, Nava Raipur, District : Raipur, Chhattisgarh 6 - Smt. Jyoti Soni W/o Shri Bhupendra Puri Goswami Aged About 38 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project -Pali, Sector Pali, District Korba (C.G.) R/o Behind Sindhi Dharamshala, Chaterjee Gali, Sarkanda, District : Bilaspur, Chhattisgarh 7 - Smt. Vijaya Sahu W/o Shri Kamal Prasad Sahu Aged About 45 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project -Pali, Sector Pali, District Korba (C.G.) R/o Sahara India Office Road, Rajkishore Nagar, Lingiyadih, S E C L, District : Bilaspur, Chhattisgarh 8 - Smt. Savita Devi Tripathi W/o Shri Vaibhav Sahu Aged About 35 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project -Pali, Sector Pali, District Korba (C.G.) R/o Vinoba Nagar, L-2, Dipupara, District : Bilaspur, Chhattisgarh 9 - Ku. Ritu Sahu D/o Late Raju Sahu Aged About 36 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project -Chura, Sector Khadma, District Gariyaband (C.G.) R/o Shivalaya Park Colony, Khaira Chowk, Mahasamund, District : Mahasamund, Chhattisgarh 3 10 - Smt. Kaushal Verma W/o Shri Nirmal Kumar Verma Aged About 51 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project - Chura, Sector- Sivni, District Gariyaband (C.G.) R/o Thakur Diya Chowk, Ward No.10, Near Old Narayana Hospital Komakhan Road, Village Chura, District : Gariyabandh, Chhattisgarh 11 - Smt. Anjani Sharma W/o Shri Prashant Dubey Aged About 34 Years Working As Supervisor, Under The Office Of Women And Child Development Department, Posted At I.C.D.S. Project - Gaurela, District Gaurela Pendra Marwahi (C.G.) R/o Village And Post Sonasilli, Police Station Pithaura, District : Mahasamund, Chhattisgarh --- Petitioner(s) versus 1 - The State of Chhattisgarh Through The Secretary, Women And Child Development Department, Mantralay, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - The Director Women And Child Development Department, Directorate, Indrawati Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 3 - The District Program Officer Women And Child Development Department, Gariyaband, District : Gariyabandh, Chhattisgarh 4 - The District Program Officer Women And Child Development Department, Korba, District : Korba, Chhattisgarh 5 - The District Program Officer Women And Child Development Department, Gaurela, District : Gaurela-Pendra-Marwahi, Chhattisgarh --- Respondent(s) 4 WPS No. 8349 of 2024 1 - Smt. Padmini Sinha D/o Mohit Ram Sinha Aged About 47 Years Working As Supervisor, Women And Child Development Department R/o Village Sarkanda, Police Station And Block Pithora District Mahasamund (Chhattisgarh) ---Petitioner(s) Versus 1 - The State of Chhattisgarh Through The Secretary, Women And Child Development Department Mantralay Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh 2 - The Director Women And Child Development Department, Directorate, Indrawati Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh 3 - The Project Officer Integrated Child Development Program (Icds) Mainpur District- Gariyaband (Chhattisgarh) 4 - The District Program Officer Women And Child Development Department District Gariyaband (Chhattisgarh) --- Respondent(s) WPS No. 2997 of 2023 1 - Poonam Pathak W/o Shri Mahesh Dutt Pathak Aged About 34 Years Presently Working On The Post Of Supervisor At Project Office, Icds, Gaurella, District Gaurella-Pendra-Marwahi (C.G.), R/o Near Mathura Fuels On Venkatnagar Raod Gourella, District : Gaurela-Pendra- Marwahi, Chhattisgarh ---Petitioner(s) Versus 1 - State of Chhattisgarh Through Its Secretary, Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Capital 5 Complex, Atal Nagar, Police Station Post Office, Rakhi, Nawa Raipur, District : Raipur, Chhattisgarh 2 - Director Directorate of Women And Child Development Department, Indrawati Bhaewan, Block-1, Second Floor, Nawa Raipur, Atal Nagar Raipur, District : Raipur, Chhattisgarh Respondent(s) (Cause title taken from CIS) For Respective Petitioner(s) : Mr. Sameer Behar, Advocate and Mr. Ghanshyam Kashyap, Advocate For Respondent(s)/State : Mr. Vinay Pandey, Dy. A.G. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 11/04/2025 1. Since the common facts and grounds involved in these petitions, they are being considered and decided by this common order. For the sake of convenience, the pleadings and documents of WPS No.5947/2023 are being referred. 2. By these petitions, the petitioners seeking quashment of the condition of the appointment order i.e. the petitioners cannot be transferred to non-scheduled area. 3. Learned counsel for the petitioners submit that pursuant to the selection process initiated by the respondent authorities, for the post of Supervisor in the Department of Women and Child Development, the petitioners applied and duly qualified in the said process and on the basis of the same, the appointment orders were issued. According to Clause 14 of the appointment order, the 6 persons who opted for the post in scheduled area cannot be transferred to a non-scheduled area. They further submits that the respondent authorities incorporated the said Clause in the appointment order in an illegal and arbitrary manner and the same is in violation of Article 14, 15, 16 of the Constitution of India. Learned counsel for the petitioners, in support of the contention, placed reliance upon the decision of the Supreme Court in the matter of Krishna Rai (dead) through LRs & Ors1, K. Kuppusamy Vs. State of Tamil Nadu2, and S. Sivaguru Vs. State of Tamil Nadu & Ors3 and the decision rendered by the High Court of Madras in the matter of The Administrator & Ors. Vs. Pokkuvarathu Kazhaka Oyvu Petra Aluvalar Nala Sangam, Kovai & Ors4. 4. Learned counsel for the respondents/State, per contra, would submit that in the advertisement dated 03/10/2013, there is a specific column that the candidates while filling the application form are required to put the tick mark against the scheduled area or non-scheduled area. Further Clause 4.4 of the advertisement categorically provides that if the candidates failed to give the option either to the scheduled area or to the non-scheduled area, their applications will not be entertained. He further submits that the petitioners after going through the Clause of the advertisement very diligently put the option. Even they have availed the 1 2022 Livelaw SC 553 2 1996 STPL 1776 SC 3 2013 STPL 14248 SC 4 WA (MD) No.1240 of 2023 and CMP (MD) No.9297 of 2023 (decided on 13-9-2023) 7 relaxation of cut off marks as candidate opted for posting at schedule area. On the basis of the same, on completion of selection process, the appointment orders have been issued and the petitioners were posted as per the choice given by them. Thus, the petitioners are not entitled for any reliefs, and the petitions are liable to be dismissed. 5. I have heard learned counsel for the parties, perused the pleadings and documents. 6. It is not in dispute that pursuant to the advertisement dated 03/10/2013, the petitioners applied for the selection process to the post of Supervisor in the Women and Child Development. Clauses 1.3(इ), 4.4 and 4.11 of the advertisement provides as under:- 1.3 (इ) अनुसूचित ्ቌे्ቔ एवं गैर अनुसूचित ्ቌे्ቔ के लिये यन हेतु अपनी ्ቚाथमिकता क देना अमिनवाय है। ्ቚावीण्य सूी के आधार पर ्ቚाथमिकता क पर मिवार मिकया जावेगा तैयार की जायेगी। ्ቚाथमिकता क ें परिरवत न नहीं मिकया जावेगा। ्ቚाथमिकता क अंमिकत नही करने पर आवेदन प्ቔ अान्य कर मिदये जायेगें 4.4 अनुसूचित ्ቌे्ቔ एवं गैर अनुसूचित ्ቌे्ቔ के लिये यन हेतु अपनी ्ቚाथमिकता क देना अमिनवाय है। अन्यथा आवेदन प्ቔ अान्य कर मिदये जायेगें 4.11 ्ቚावीण्य सूी के आधार पर अनुसूचित ्ቌे्ቔ के लिये यमिनत उम्ीदवार की पदस्थापना अनुसूचित ्ቌे्ቔ ें एवं गैर अनुसूचित ्ቌे्ቔ के लिये यमिनत उम्ीदवार की पदस्थापना गैर अनुसूचित ्ቌे्ቔ ें की जावेगी। 7. From the said clauses, it is crystal clear that while issuing the advertisement itself, the respondent authorities categorically 8 stated that the candidates will be posted as per the choice filled by them. In fact, the advertisement issued in the year 2013 and the appointment orders were issued in the year 2014 and the petitioners are rendering their services in the department since last more than a decade and they have never raised any objection with regard to their posting and they preferred these petitions in the year 2023 seeking their posting in a non-scheduled area. It is also noteworthy to mention here that the petitioners have availed the relaxation of cut off marks as a candidate opted for posting at scheduled area. Thus, they cannot be allowed to have the best of both worlds. The action on the part of the respondent authorities is just and proper and there is no illegality at all. 8. Since the petitioners consciously participated in the selection process, they cannot be allowed to turn around and question the method of selection and its outcome. It is the trite law that by having taken part in the process of selection with full knowledge that the recruitment was being made under the Rules, the candidates had waived their right to question the advertisement or the methodology adopted by the employer for making selection. (See: Union of India and Others v S. Vinod Kumar and Others)5. The decisions relied upon by the petitioners are not applicable to the facts of the present case. 5 (2007) 8 SCC 100 9 9. In the result, all the writ petitions, being bereft of merit, are liable to be and are hereby dismissed. No cost (s). SD/- (Bibhu Datta Guru) Judge Gowri/ Amardeep