1 2025:CGHC:3353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 502 of 2025 1 - Munish Sahu S/o Deonarayan Sahu Aged About 33 Years R/o House No. 69, Ward No. 03, Ayodhya Nagar, Mahasamund, District Mahasamund, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Health And Family Welfare Department, Mantralaya Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh 2 - The Director Health Services, Chhattisgarh, Mahanadi Bhawan, Nawa Raipur Atal Nagar, New Raipur, District- Raipur, Chhattisgarh 3 - Chief Medical And Health Officer Durg, District- Durg, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Sachin Nidhi, Advocate For State :- Mr. Abhishek Gupta, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 20.01.2025 VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 1. Learned counsel for the petitioner submits that though there is delay in filing this petition, however, he has explained the delay in para 8.4 of the petition. When a query has been made that why it has not been stated in para 7 of the petition and why incorrect averment has been made while declaring that there is no delay in filing this petition, he submits that inadvertently it has been stated and he will take care of the same in future. 2. By way of this writ petition, the petitioner has prayed for following reliefs:- “0.1 That this Hon'ble Court may kindly be pleased to set-aside/ quash the impugned order dated 24.12.2024 (Ann.P/1) passed by the respondent Authority. 10.2 That, the Hon'ble Court may kindly be please to direct the respondent authority for considering the candidature of the petitioner for appointment on the post of multipurpose health worker male in view of the criteria mentioned in the rules of 1989. 10.3 That, the Hon'ble Court may kindly be pleased to pass the similar order as passed in WPS No. 1628/2024. 10.4 To kindly grant any other writ/ writs, order/ orders, relief/ reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 3. Learned Counsel for the petitioner submits that the petitioner was seeking appointment on the post of Multipurpose Health Worker 3 (Male) and according to the relevant Rules prevailing for appointment of such post, the petitioner was holding requisite eligibility criteria. However in the advertisement issued on 04/05/2012 (Annexure P/2), two more conditions were included which are contrary to the Rules for appointment on the post of Multipurpose Health Worker (Male). He further submits that similarly situated persons had also filed writ petitions before this Court and this Court permitted them to make representation and their representations have been considered and they have been given appointment on the post of Multipurpose Health Worker (Male). However, the case of the petitioner was not considered and he has been declined of appointment. 4. Learned State Counsel submits that though 37 posts of Multipurpose Health Worker (Male) are lying vacant but it cannot be said with certainty as to whether the said posts are in lieu of the advertisement issued in the year-2012 Annexure P/2. Therefore after lapse of 12 years, the case of the petitioner cannot be considered. He further submits that the petitioner has been segregated from other similarly situated candidates and their representations were duly considered by the State Government. 5. Be that as it may, at this stage this Court is of the opinion that this writ petition be disposed off permitting the petitioner to file a fresh representation within 30 days of receipt of copy of this order to respondent No.2 ventilating his grievances as projected in the writ petition with all necessary documents and materials which would 4 be necessary for determination of the same. In the event, such representation is filed, the respondent No.2 after examining the case of petitioner in light of the Madhya Pradesh Public Health and Family Welfare Department Non-Ministerial (Related to the Directorate of Health Services) Class-III Service Recruitment Rules, 1989 and the conditions mentioned in the advertisement issued in the Year-2012 (Annexure P/2), if the petitioners are found to be suitable and any vacancy still in existence, and if the petitioners fulfills other eligibility criteria, the representation may be decided in accordance with law within a period 120 days from the date of receipt of such representation. 6. With the above observation/direction this writ petition is disposed off. 7. This court has not expressed any opinion on merits of this case. sd/- (Amitendra Kishore Prasad) Judge Vishakha