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2025 DAILYLAW 54852 (CHH)

DEEPESH SARTHI v. CHHATTISGARH STATE PUBLIC SERVICE COMMISSION

WPS/3201/2025 · 2025-05-05

Shri Arvind Kumar Verma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:20630-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3201 of 2025 1 - Deepesh Sarthi S/o Ravishankar Sarthi Aged About 26 Years R/o Ward No. 08, Santosh Nagar, Patpara Para, Dharamjaigarh Colony, District- Raigarh (C.G.) 2 - Anjali Jaiswal D/o Om Prakash Jaiswal Aged About 24 Years R/o Sohagpur, Post Karanji, Distt.- Surajpur (C.G.) 3 - Adarsh Pratap Deo Singh S/o Ashok Pratap Singh Aged About 26 Years R/o Tildega Road, Pathalgaon, Distt. Jashpur (C.G.) 4 - Neelkamal Kaushik S/o Krishna Kumar Kaushik Aged About 27 Years R/o Ward No. 09 Yatayat Nagar, Parsada, Distt. Bilaspur (C.G.) 5 - Rahul Singh Netam S/o Late Ajay Netam Aged About 22 Years R/o Bhagwanpur, Adiwashipur, Distt. Ambikapur (C.G.) 6 - Sunil Ekka S/o Sukalk Sai Ekka Aged About 26 Years R/o House No. 27, Amatikra, Pachra Distt. Korba (C.G.) 7 - Shubham Kumar Rathore S/o Chhotelal Rathore Aged About 25 Years R/o Gataura, Distt. Bilaspur (C.G.) 8 - Devendra Kumar Nishad S/o Kumar Ram Nishad Aged About 27 Years R/o 91(2) K R Nishad Sanjay Nagar, Ward No.- 9 Ram Nagar Fingeshwar, Distt. Gariyaband (C.G.) 9 - Ravi Kumar S/o Gopal Prasad Aged About 28 Years R/o Banki Mongra, Distt. Korba (C.G.) 10 - Pratik Harsh Xaxa S/o Avtar Xaxa Aged About 29 Years R/o Basen, Jashpur, Distt. Musgutri (C.G.) 11 - Vinay Bhagat S/o Hari Charan Oraon Aged About 29 Years R/o Vill. Chandandih, P.O. And P.S. Latehar, Distt. Latehar, Jharkhand 12 - Monesh Kumar Uikey S/o Nand Ram Uikey Aged About 28 Years R/o Machadali, P.O. Aitma, Podiuproda, Distt. Korba (C.G.) ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.05.06 17:58:45 +0530 2 13 - Subhash Singh S/o Ramnarayan Singh Aged About 29 Years R/o House No. 29/k Nawapra, Padhnia, Distt. Korba (C.G.) 14 - Chhbabi Dayal S/o Phool Singh Aged About 36 Years R/o Village Vijay Naga (Binjhra), P.O. Urja Nagar, Distt. Korba (C.G.) 15 - Ganesh Kumar Mirre S/o Mr. Shyam Lal Mirre Aged About 30 Years R/o Pathalgaon, Distt. Jashpur (C.G.) 16 - Vijendra Kumar Uyake S/o B.P. Uyake Aged About 39 Years R/o Plot No. 17, Saraswati Kunj, Risali Bhilai, Distt. Durg (C.G.) 17 - Ghanshyam S/o Jageshwar Aged About 31 Years R/o House No. 102, Ward No. 7 School Para, Singhurikula, Post Mundroad, Distt. Dhamtari (C.G.) 18 - Partik Harsh Xaxa S/o Avtar Xaxa Aged About 29 Years R/o Basen, Jashpur, Musgutri, Distt. Jashpur (C.G.) ... Petitioners versus 1 - Chhattisgarh State Public Service Commission Through Secretary, Atal Nagar, Raipur, District- Raipur, Chhattisgarh 2 - State of Chhattisgarh Through Secretary, Mining Resources Department, Raipur, District- Raipur, Chhattisgarh 3 - Director Directorate of Geology And Mining, Raipur, District- Raipur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Devershi Thakur, Advocate For Respondent No.1 : Dr. Sudeep Agrawal, Advocate For Respondents No.2 & 3 : Mr. Yashwant Singh Thakur, Additional Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 06.05 .2025 1. Heard Mr. Devershi Thakur, learned counsel for the petitioners. Also heard Dr. Sudeep Agrawal, learned counsel appearing for respondent 3 No.1 as well as Mr. Yashwant Singh Thakur, learned Additional Advocate General for the State/respondents No.2 & 3. 2. The present petition has been filed by the petitioners with the following relief(s): “10.1 That, the Hon’ble Court may kindly call for records pertaining to case of the petitioners. 10.2 That the Hon’ble Court may kindly be pleased to set aside and quash the impugned amendment notification dated 13/03/2024, in the interest of justice. 10.3 That, the Hon’ble Court may kindly be pleased to set aside and quash the impugned corrigendum dated 02/04/2025, in the interest of justice. 10.4 That the Hon’ble Court may kindly be pleased to direct the respondents to allow the petitioners to participate in the direct recruitment of Mining Inspectors issued on 02/02/2022 and 02/04/2025, in the interest of justice. 10.5 That, any other relief, which this Hon’ble Court deemed just and fit in the facts and circumstances of the case.” 3. On perusal of the prayers in the present petition, it transpires that the prayers are defective as similar prayer at relief clause No.10.4 has been made in a writ petition filed by the petitioners being WPS No.2966/2025, which was dismissed vide order dated 30.04.2025. 4. Learned counsel for the respondent-Chhattisgarh State Public Service Commission has raised a preliminary objection by submitting that the petitioners have filed the writ petition being WPS No.2966/2025 before 4 the learned Single Judge, in which the same relief has been prayed at relief clause No.10.4, which was prayed in the present petition at relief clause No.10.4. He further submits that the vires of the Rules have not been challenged and only the amendment in the notification has been challenged by the petitioners in the present petition. 5. At this stage, learned counsel for the petitioners seeks permission of this Court to withdraw the present petition with the liberty to file afresh with proper prayers as well as further liberty to challenge the order of the learned Single Judge in an appeal. 6. Learned counsel for the respondents have no objection. 7. Prayer appears to be fair and reasonable. 8. Accordingly the present petition is dismissed as withdrawn with the aforesaid liberty granted in favour of the petitioners. 9. Certified copy of the annexures, shall be returned to the petitioners after obtaining photostate copies of the same. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Anu