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2026 DAILYLAW 17141 (CHH)

VED PRAKASH SINGH THAKUR v. STATE OF CHHATTISGARH

WPC/2778/2021 · 2026-02-22

Shri Sachin Singh Rajput

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Judgment text

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1 2026:CGHC:9266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2778 of 2021 1. Ved Prakash Singh Thakur S/o Shri Heman Singh Thakur Aged About 28 Years R/o Makan No. 48, Ward No.- 24, Sindhi Colony, Champa, District Janjgir-Champa, Chhattisgarh. 2. Hemraj Sahu S/o Bise Lal Sahu Aged About 25 Years R/o H.No.- 112, Chaubhebandha, Baronda, Tehsil Rajim, District Gariyaband, Chhattisgarh. ... Petitioners versus 1. State Of Chhattisgarh Through The Secretary, General Administration Department, Dks Bhawan, Mantralaya, Raipur, Chhattisgarh. 2. Chhattisgarh Public Service Commission Through Secretary, Shankar Nagar Road, Raipur, Chhattisgarh. 3. Examiner Chhattisgarh Public Service Commission Through Examiner Controller, Shankar Nagar Road, Raipur, Chhattisgarh. 4. Additional Police Superintendent Police Head Quarter Civil Line Raipur, Chhattisgarh. 5. Additional Collecter Collectorate, Kutchery Chowk, Raipur, Chhattisgarh 492001. ... Respondents (Cause title taken from Case Information System) For Petitioners : Mr. P. Acharya, Advocate. For State/Respondents No.1, 4 & 5 : Mr. Sanjay Kumar Yadav, Advocate. For Respondents No.2 & 3 : Mr. Anand Mohan Tiwari, Advocate. Hon’ble Shri Justice Sachin Singh Rajput Order on Board 23/02/2026 1. Heard. DEEPTI JHA Digitally signed by DEEPTI JHA 2 2. This petition has been preferred by the petitioners under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 It is prayed that this Hon’ble Court may kindly be pleased to call for the entire records concerning the present matter. 10.2 This Hon’ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside the show cause notice dated 03.06.2021 (Annexure-P/1) issued by respondent No.3. 10.3 This Hon’ble Court may kindly be pleased to issue appropriate writ quashing the proceedings initiated, against the petitioners, in consequence of the show cause notice. 10.4 Any other relief/relief(s) which this Hon’ble Court may think proper in the facts and circumstances of the case, with cost of the petition may also be pleased to be granted to the petitioners.” 3. Learned counsel for the petitioner submits that the petitioners were the aspiring candidates for the State Administrative Services, 2020 Examination, for which, the respondents No.2 & 3 published an advertisement dated 02.12.2020 (Annexure-P/2). After the examination, the model answers were published by the respondents/PSC. The petitioners made certain objections with regard to the correctness of the model answers and its is alleged that the petitioners were involved in staging ‘Dharna’ against the respondents/PSC. Thus, the respondents No.2 & 3 have issued the impugned show cause notice dated 03.06.2021 (Annexure-P/1) to submit the reply within a period of 7 working days, else they would be proceeded in terms of of Clause 14 of Civil Services Examination Rules, 2008. This Court while issuing notice to the respondents, granted interim protection to the 3 petitioners. He further submits that petitioners in this writ petition have also questioned the jurisdiction of respondents No.2 & 3/PSC for issuance of such show cause notice and thus, prayed for quashing the same. 4. Learned counsel appearing for the respondents No.2 & 3/PSC submits that reply to the show cause notice 03.06.2021 (Annexure-P/1) has also been submitted, but on account of the interim order passed by this Court, no final decision has been taken by the PSC. This writ petition is premature, which is filed against only on the show cause notice, therefore, it is liable to be dismissed. 5. Learned State counsel submits that the dispute is between the petitioners and PSC/respondents No.2 & 3, and the State is the formal party. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Be that as it may, taking into consideration the submissions made by the respective parties, it is quite evident that show cause notice dated 03.06.2021 (Annexure-P/1) was issued to the petitioners, inviting their reply. As informed, the petitioners have also submitted the reply to the show cause notice and on account of the interim order dated 09.07.2021 passed by this Court, the decision has not been taken. Thus, at this stage, this Court inclined to dispose of this writ petition, directing respondents No.2 & 3/PSC firstly to take decision regarding the jurisdiction for issuance of such notice in writing, after giving due opportunity of personal hearing to the petitioners, for which, it will fix a date and intimate the petitioners. Thereafter, the respondents No.2 & 3/PSC shall take a decision on jurisdiction, and if, the decision goes against the petitioners, they may have liberty to challenge the same in accordance with law. 4 8. Interim order dated 09.07.2021 shall be operative only till the decision of the PSC is taken on the jurisdiction aspect. After that, PSC would be at liberty to take final decision. 9. With the aforesaid observation and direction, this writ petition stands disposed of. 10. Interlocutory application(s), pending if any, also stands disposed of. Sd/- (Sachin Singh Rajput) Judge Deepti Jha