Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:1089-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 418 of 2023 Sonal Jain W/o Ashvin Jain Aged About 38 Years R/o C-129, Himalaya Heights, Raigarh, Tehsil Raigarh, District : Raigarh, Chhattisgarh
... Petitioner versus 1 – State of Chhattisgarh Through Secretary, Department of Panchayat And Rural Development, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - Secretary Department of General Administration, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 3 - Chhattisgarh Public Service Commission Through Its Chairman, Chhattisgarh Public Service Commission North Block, Sector-19, Nava Raipur, Atal Nagar (Chhattisgarh), Pin – 492002. 4 - Engineer In Chief Vikas Ayukt Karyalay, Rural Engineering Services, Vikas Bhawan, Sector-19, Naya Raipur, Atal Nagar, District : Raipur, Chhattisgarh
... Respondents (Cause-title taken from Case Information System) ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.01.08 17:43:40 +0530
2 For Petitioner : Mr. Vaibhav P. Shukla, Advocate. For Respondent/State : Mr. Shashank Thakur, Additional Advocate General. For Respondent No.3 : Mr. Anand Mohan Tiwari, Advocate Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Arvind Kumar Verma,
Judge
Order on Board Per
Ramesh Sinha
, Chief Justice
06.01.2026
1. Heard Mr. Vaibhav P. Shukla, learned counsel for the appellant as well as Mr. Shashank Thakur, learned Additional Advocate General, appearing for the State and Mr. Anand Mohan Tiwari, learned counsel for Respondent No.3. 2. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the constitutional validity of Rule 6 of Chhattisgarh Rural Engineering (Gazetted) Service Recruitment Rules, 2014 and Schedule II attached thereto and also Rule 15 and Schedule IV of the said Rules. 3. It has been pointed out by learned counsel for the parties that in an identical matter, the Co-ordinate Bench of this Court had dismissed Writ Petition (C) No.2143 of 2018 {Basant Majhi & others Vs. State of Chhattisgarh & others} & other connected matters vide order dated 11.06.2024 observing as follows :
“36. Thus, prescription of experience of ten years on the post of Sub-Engineer for the next higher post of
3 Assistant Engineer as such cannot be held to be arbitrary as it is for the State Government to prescribe the qualification for the post of Assistant Engineer and which is the prerogative of employer/State bearing in mind the several features including the nature of the job, the aptitudes requisite for the efficient discharge of duties, the functionality of a qualification etc., in light of the aforesaid principle of law laid down by their Lordships of the Supreme Court in Puneet Sharma (supra). 37. In view of the aforesaid discussion, we are of the considered opinion that Serial No.5 of Schedule-II drawn under Rule 6 and Serial No.4 of Schedule-IV drawn under Rules 14 & 15 of the Rules of 2014 are constitutionally valid and do not suffer any vice of arbitrariness, illegality or discriminatory. Challenge made to the said Rule is hereby declined. Consequently, all the writ petitions deserves to be and are accordingly dismissed leaving the parties to bear their own cost(s).” They further submitted that since the facts and issue involved in the present case is identical to that of Writ Petition ( C) No.2143 of 2018, this writ petition may also be dismissed in the same terms. 4.
Having considered the rival submissions made by learned counsel
4 for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this appeal is identical to Writ Petition ( C) No.2143 of 2018, this Court deems it appropriate not to take a view other than what has been taken in Writ Petition ( C) No.2143 of 2018. 5. Accordingly, the present writ petition is dismissed in terms of the
order dated 11.06.2024 passed in Writ Petition (C) No.2143 of 2018 {Basant Majhi & others Vs. State of Chhattisgarh & others}. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha)
Judge Chief Justice ashu