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2025 DAILYLAW 46536 (CHH)

SATPAL v. STATE OF CHHATTISGARH

WPS/304/2025 · 2025-01-15

Shri Amitendra Kishore Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:2410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 304 of 2025 • Satpal S/o Shri Raghunath Sahu Aged About 35 Years R/o Village And Post-Uparwara, Tahsil-Abhanpur, Police Station- Rakhi, Distt.- Raipur C.G. ... Petitioner(s) versus 1. State Of Chhattisgarh Through Its Additional Chief Secretary, Department Of Home/police Station And Post - Rakhi, Atal Nagar, Nawa Raipur, District - Raipur C.G. 2. Director General Of Police (Dgp) Police Headquarters (Phq), Sector-19, P.S. And Post-Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur Cg. 3. Chairman Subedar/sub Inspector Recruitment Committee, Police Headquarters (Phq), Sector-19, P.S. And Post- Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur C.G. Digitally signed by RAGHVENDRA JAT 2 4. Members Subedar/sub Inspector Recruitment Committee,police Headquarters (Phq), Sector-19, P.S. And Post- Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur C.G. 5. Secretary Chhattisgarh Professional Examination Board (Cgvyapam), North Block, Sector- 19, P.S. And Post-Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur C.G. ... Respondent(s) For Petitioner : Mr. Abhishek Pandey, Advocate. For Respondent/State : Mr. Prafull N. Bharat, Advocate General and Ms. Shailja Shukla, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 15/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioner before this Hon'ble Court for its kind perusal. (ii) That, this Hon'ble Court may kindly be pleased to direct the members of the Selection Committee i.e. respondents No. 2, 3, 4 & 5 to issue amended merit list for the post of Sub Inspector after adding 3 the name of the petitioner and select him on the post of of Sub Inspector on account of his position in the merit list. (iii) That, this Hon'ble Court may kindly be pleased to direct the members of the Selection Committee i.e. respondents No. 2 to 5 to issue appointment order of the petitioner for the post of Sub Inspector and also give him joining and seniority on the said post from the date when similarly situated candidates have been given joining on the said post. (iv) That this Hon'ble Court may further be pleased to direct respondents to give suitable compensation to the petitioner for the mental trauma and agony, harassment and hardships suffered by him as also cost of the litigation.” 2. Brief facts of the case, is that, the advertisement issued by the respondent authorities for fulfillment of total 975 posts of Subedar, Sub Inspector, Sub Inspector (Special Branch), Platoon Commander and others, out of which 577 posts were reserved for Sub Inspector candidates, 58 posts reserved for Subedar, 69 posts were reserved for Sub Inspector (SB) and 247 posts were reserved for Platoon Commander, the petitioner who was having 4 all the requisite eligibility criteria, applied for the above mentioned post with preference as 1- Subedar. 2- Sub Inspector (Special Branch). 3- Sub Inspector, 4- Platoon Commander and 5- Sub Inspector (Computer). However, in the year 2021 the respondent authorities again amended the advertisement and invited applications from the eligible candidates and hence the petitioner again applied for the above mentioned posts with preference as 1- Subedar, 2- Sub Inspector (Special Branch), 3- Sub Inspector, 4- Platoon Commander and 5- Sub Inspector (Computer). The petitioner was successfully participated in all the five phases of the examination and qualified the said examination. After conducting whole examination respondent No. 3 Chairman/Subedar/Sub Inspector Recruitment Committee, PHQ, Raipur has issued a press release whereby result of the selected candidates was declared wherein name of the petitioner was mentioned at Sl.No. 908 bearing Roll No. 25230167-Satpal from OBC category and his qualifying post is Sub Inspector (SB). However, till date respondents No. 2 to 5 have not published category-wise result, cut off marks of all category candidates or any data. The petitioner belonging to OBC category, obtained good marks and was qualified for the post of Sub Inspector. His marks are even more in comparison to last selected candidate of Sub Inspector (SB) from OBC category and also more in 5 comparison to last selected candidate for the post of Sub Inspector from OBC category. At present, the petitioner wants to join the post of Sub Inspector on the basis of obtaining more marks in comparison to last selected candidate for the post of Sub Inspector from OBC category. Hence, this petition for issuance of suitable directions to the respondent authorities for issuance of amended merit list for the post of Sub Inspector and selection of the petitioner on the said post based on his merit position with all consequential benefits including seniority from the date when similarly situated candidates were appointed on the said post. 3. Learned counsel for the petitioner submits that the petitioner was selected for the post of Sub Inspector (Special Branch), however, according to him, the marks obtained by him would entitled him to get the post of Sub Inspector as such a direction may be issued to the respondents to declare the marks obtained in respect of the candidates who have been selected for the post of Sub Inspector. 4. On the other hand, Mr. Prafull N. Bharat, learned Advocate General appears in this case and submitted that vide Annexure- P/2 i.e. the application form, the petitioner has opted for the post of Sub Inspector (Special Branch) which the petitioner was willing to serve and accordingly he was given post of Sub Inspector 6 (Special Branch) on his own wish and priority, as such it cannot be changed. 5. I have heard learned counsel for the parties and perused the material available on record, and especially upon perusal of Annexure-P/2 which is the copy of online application for Subedar/ Sub Inspector-Cadre/Platton Commander Recruitment in the Chhattisgarh Police-2021. It is quite apparent that the petitioner has chosen the post of Sub Inspector (Special Branch) on his priority as such based on his priority and the marks obtained by him he has been given post of Sub Inspector (Special Branch) as such the petitioner is not having any case for consideration of his appointment as Sub Inspector. It was not the case of the petitioner that he was opted for the post of Sub Inspector and was qualified for said post but illegally he was given post of Sub Inspector (Special Branch) in an illegal and arbitrary manner. 6. After considering entire material, I do not found any illegality or perversity in the selection procedure warranting interference of this Court. 7. Accordingly, the instant petition is hereby dismissed. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat