1 2025:CGHC:4295 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7799 of 2024 1 - Neetish Kumar Ogrey S/o Shri Aanand Swaroop Ogrey Aged About 31 Years Resident Of House No. 37, Ward No. 4, Hanshika Dham, Aawas Para, Ghuru, Bilaspur, District Bilaspur, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through The Principal Secretary, Department of Forest And Climate Change, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Secretary Department of General Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3 - Principal Chief Conservator of Forest Aranya Bhawan, Sector 19, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 4 - Principal Chief Conservator of Forest (Wildlife) Aranya Bhawan, Sector 19, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 5 - Chief Conservator of Forest Raipur Circle, Raipur, Chhattisgarh Digitally signed by GOPAL SINGH Date: 2025.02.06 11:29:21 +0530 2 6 - Chhattisgarh Public Service Commission Through Its Secretary, North Block, Sector 19, Atal Nagar, Nava Raipur, Chhattisgarh ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Amrito Das, Advocate For State/Respondents No.1 to 5 : Ms. Shailja Shukla, Dy. Govt. Advocate For Respondent No.6 : Dr. Sudeep Agrawal, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 23/01/2025 1. The Petitioner has preferred the instant petition highlighting the absolute apathy demonstrated by the respondent authorities towards the petitioner who is a candidate in the waiting list prepared by the Chhattisgarh Public Service Commission for recruitment and appointment to the post of Forest Ranger. The instant petition also reflects the high-handed, arbitrary and illegal act sought to be perpetrated by the respondent authorities, by acting contrary to the statutory rules framed under Article 309 of the Constitution of India as well as the general principles of service jurisprudence. The Chhattisgarh Public Service Commission issued an advertisement on 10.6.2020 inviting candidature for recruitment to the post of Forest Ranger in the respondent department. The recruitment was being conducted in accordance with the qualifications prescribed under the Chhattisgarh Forest (Gazetted) Services Recruitment Rules 2015. 3 The petitioner was declared successful in written test and he was placed in the waiting list at serial No.2 in the SC Category and in the physical caliber walking test, one candidate of SC Category namely Shailendra Anant did not come and one candidate namely Vinod Banjare (SC Category) did not join to post as he was selected to the post of Naib Tahsildar and therefore the petitioner was due to be called for filling up the existing vacancies as per Rule 12(7) of the Chhattisgarh Forest (Gazetted) Services Recruitment Rules 2015. The petitioner ought to have been called for physical test after 2 candidates from the main list abandoned the selection process and the notified vacancies were still available during the currency of the waiting list. The life of the waiting list is also limited and therefore the respondent authorities ought to have acted in a positive manner, strictly in consonance with the Rules 2015 to give opportunity to the petitioner. Hence, this petition. 2. According to the return of the State/Respondents No.1 to 5, shortlisted candidates in the main list who cleared physical test were granted appointed order vide dated 6.10.2023 wherein 132 candidates were appointed as against 177 advertised posts. On the request of the unsuccessful candidates a letter has been issued by the authorities for conducting the second physical caliber walking test whereas on 18.1.2024. Letter dated 20.6.2024 which was communicated by the under Secretary, Forest and 4 Climate Change Department to the PCCF, Chhattisgarh whereby the relevant Rules 2015 has been considered and disclosed on the basis of rider of the rules, it has been found that if second chance of physical caliber walking test is given it would not be against the mandate of Rules 2015, therefore, the permission to the unsuccessful candidates for second physical caliber walking test would be inappropriate, however, there is specific order memo dated 7.10.2024 for which, it has been communicated to the PCCF by the Under Secretary wherein a reference has been given of the letter dated 18.1.2024 and 20.6.2024 and decision has been taken not to give second opportunity to the unsuccessful candidates for second physical caliber walking test. Subsequently, letter has been written for extension of validity of list up to 2.6.2025. Pursuant to said communication the CGPSC has accorded its consent/permission for the same. The Respondents/State have requested for the updated waiting list from the CGPSC as two candidates from the waiting list are not willing to participate in the selection process. After receiving the updated waitlist, eligible candidates from waitlist will be called for documents verification and physical walking caliber test for undisputed pots/vacancies. For the disputed post/vacancies, eligible candidates from waitlist will be called for documents verification and physical caliber walking test after the decision of 5 this Court in WPS No.5373 of 2024, WPS No.6989 of 2024 and other similar cases. 3. After consideration of the arguments advanced by Learned Counsel for the Petitioner as well as by Learned Counsel for the PSC/Respondent No.6 and considering the letter dated 31.12.2024, this Court is of the considered view that the Petitioner is entitled to get appointment from waiting list as he is at Serial No.2 and 2 persons have already left the job from Scheduled Castes Category, as such if Sunil Kumar Banjare approaches before the authority concerned, the Petitioner as well as Sunil Kumar Banjare are entitled to get the appointment subject to condition that they will clear the physical caliber test. 4. It is expected from the Respondents that they will do the necessary exercise within a period of two months from the receipt of a copy of this order and the compliance of this exercise be sent to the Registrar (Judicial) of this Registry. 5. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Gopal Singh