Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20373
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3117 of 2025 1 - Suman Lata Sahu D/o Girish Kumar Sahu Aged About 34 Years R/o Village- Jhalmala, Seepat, Bilaspur, District- Bilaspur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Department Of Medical Education, Atal Nagar, Raipur, District Raipur, Chhattisgarh. 2 - Director Directorate Of Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy (Ayush), Raipur, District- Raipur, Chhattisgarh. 3 - District Aayush Officer Janjgir-Champa, District- Janjgir-Champa, Chhattisgarh. 4 - District Aayurved Officer Janjgir-Champa, District- Janjgir-Champa (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Gyan Prakash Shukla, Advocate For Respondents/ State : Mr. Kanwaljeet Singh Saini, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 05/05/2025 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.05.05 18:05:54 +0530
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1. Challenge in the present writ petition is to the action on the part of the respondents in declaring the petitioner ineligible for being considered for recruitment to the post of Dispensary Servant where the petitioner has submitted application for the recruitment process and was declared ineligible. The petitioner was declared ineligible only on the ground that petitioner did not have live registration with the employment exchange which was a condition precedent as per the advertisement. 2. The said ground and issue on which the petitioner has been declared ineligible is no longer res-integra as the Full Bench of this Court in the case of State of Chhattisgarh v. Roshni Sahu (WA No.411/2014) and other connected matters decided on 21.10.2016 has categorically held that only because of non registration in the employment exchange a candidature cannot be refused or rejected and it is not a mandatory clause for recruitment purpose. 3. The said view of the Full Bench of this Court by efflux of time has attained finality. The legal position remains the same even as on date. In spite of that the State Government has for reasons best known declared the petitioner ineligible only for the reason that petitioner did not have the live registration with the employment exchange. The said action on the part of the respondents in declaring the petitioner ineligible is therefore not sustainable under law and the same is liable to be and is hereby set aside/quashed.
The respondents are directed to consider the petitioner as an eligible candidate subject to petitioner meeting the
3 / 3 other requisite eligibilities under the advertisement and let all necessary orders be passed in accordance with law. 4. With the aforesaid directions, the writ petition stands disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar