2025:CGHC:48032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10833 of 2025 1 - Shyam Sundar Sahu S/o Gokul Prasad Aged About 36 Years R/o Village - Khamariya, Post - Gopalpur, Tahsil - Bhatgaon, Tahsil And District - Sarangarh-Bilaigarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Forest, Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur, Chhattisgarh 2 - Principal Chief Conservator Of Forest Forest Department, Aranya Bhawan, North Block, Sector-19, Nava Raipur, Atal Nagar, Chhattisgarh 3 - Chief Conservator Of Forest, Raipur Circle - Raipur, District Raipur, Chhattisgarh 4 - Divisional Forest Officer General Forest Division - Mahasamund, District - Mahasamund, Chhattisgarh 5 - District Forest Officer Mahasamund, District - Mahasamund, Chhattisgarh ---- Respondents For Petitioner : Mr. Ravi Kumar Bhagat, Advocate For State : Mr. Sabyasachi Choubey, Panel Lawyer KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.09.22 10:50:32 +0530 Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 18.09.2025 1. The present petition has been filed by the petitioner against inaction of the respondents in considering the candidature of the petitioner whereby the petitioner has been declared ineligible for participating in the recruitment process for the post of Driver (Heavy Vehicle) on the ground that the experience certificate submitted by him is invalid. 2. The brief facts as projected by the petitioner are that the respondent department published advertisement for four post of Driver (heavy vehicle and light vehicle). As per the advertisement the qualification for the post was Class VIII pass, valid driving license and minimum 2 years work experience. The petitioner participated in the recruitment process. He is having requisite qualification, valid driving license and working experience of two year as driver with M/s Radhe Rice Mill. The petitioner submitted experience certificate from 02.01.2020 to 01.03.2023 issued by his employer. The written examination was conducted and the department published result in the Website wherein the petitioner finds place at Sl. No. 5. The respondents found that the Rice Mill was registered with the District Industries Centre on 19.03.2020 whereas the petitioner has submitted certificate from 02.01.2020, therefore, his experience certificate is invalied and he has been declared ineligible candidate. 3. Learned counsel for the petitioner would submit that M/s Radhe Rice Mill has obtained GST Registration from Income Tax department on 18.06.2019 and as per the official record, the date of registration of the company is 25.12.2019. The company has obtained Udyam Registration on 23.11.2021, as such, the company was in existence since 2019 as such, the experience certificate issued by them is valid, therefore, he would pray for allowing the writ petition. 4. Per contra, learned counsel for the State would submit that the DFO has conducted complete verification of the record wherein the petitioner was found ineligible as the certificate issued by the Rice Mill was registered for the first time with the District Industries Centre on 19.03.2020 whereas the petitioner has submitted certificate from 02.01.2020, as such the certificate submitted by the petitioner is invalid. Therefore, the declaration of the candidature as ineligible is just and proper. The proceeding for declaring the petitioner as ineligible has been issued on 19.06.2025 which has not been challenged by him, therefore, the petition is not maintainable. 5. It is not in dispute that the proceeding dated 19.06.2025 has not been communicated to the petitioner, therefore, there is no occasion to the petitioner to challenge the same. However, from bare perusal of the proceeding, it is quite vivid that they have assigned reason that the Rice Mill was registered with the DIC on 19.03.2020 and has got registered with the Central Government Micro, Small and Medium Enterprises Portal on 23.11.2021. The certificate submitted by the petitioner dates back to 02.01.2020, therefore, the certificate is not valid. This reasoning given by the respondents is far away from the truth, purely imaginary and without any foundation. This Court cannot lose sight of the fact that the Mill has started its functioning in 2021 therefore, it needs work force during construction of the Rice Mill and installation of the machineries much before commencement of its operation and even the GST registration of the Mill has been done in the year 2019, therefore, I am of the view that the certificate submitted by the petitioner is valid and the action taken by the respondents suffers from the illegality and perversity which deserves to be set aside. Accordingly, the proceeding dated 19.06.2025, so far as the petitioner is concerned is set aside. The respondents are directed to consider the candidature of the petitioner along with other eligible candidates in accordance with law. 6. With the aforesaid observation and direction, the writ petition (S) is disposed of. Sd/- (Narendra Kumar Vyas) Judge Deshmukh