1 2026:CGHC:25468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11943 of 2025 Dipti Gurjar D/o. Shri Satish Gurjar, Aged About 24 Years R/o Village- Asura, Post And Tehsil- Odagi, District Surajpur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Forest And Climate Change, PCCF Office, Aranya Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Director, Department Of Forest And Climate Change, PCCF Office, Aranya Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.) 3 - Managing Director, Chhattisgarh State Minor Forest Produce (Trading And Development) Co-Operative Federation Limited, Van Dhan Bhawan, Sector- 24, Atal Nagar, New Raipur, District Raipur (C.G.) 4 - Executive Director, Chhattisgarh State Minor Forest Produce (Trading And Development) Co-Operative Federation Limited, Van Dhan Bhawan, Sector 24, Atal Nagar, New Raipur, District Raipur (C.G.) 5 - Collector, District Surajpur (C.G.) 6 - SDO (Forest), District Surajpur (C.G.) ... Respondent(s) (Cause title taken from CIS) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.06.23 17:45:50 +0530 2 For Petitioner(s) : Ms. Shivangi Agrawal, Advocate For Respondent(s) : Mr. Luv Sharma, Panel Lawyer For Respondent No. 3 & 4 : Mr. A.S. Kachhawaha, Advocate with Ms. Shrurti Parmar, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 22.06.2026 1. By the present petition under Article 226 of the constitution of India, the petitioner prays for the following reliefs:- “1. That, this Hon'ble Court may kindly be pleased to set aside the Official Letter No. 2025/2294 dated 22.09.2025 (Annexure P-1) issued by the Office of Managing Director, State Minor Forest Produce Co- operative Society Limited,Surajpur, District-Surajpur (C.G.), in the interest of justice. 2. That, this Hon'ble Court may kindly be pleased to issue a writ/writs direction/directions, direction order/orders and direction may kindly be issued to the respondent authorities to complete the recruitment process issued vide notification dated 19.07.2024 for Village Laanjit expeditiously, in the interest of justice. 3. That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that pursuant to the advertisement dated 19.07.2024 issued by the Managing Director, Zila Laghu Vanopaj Sahakari Sangh Maryadit, Surajpur for recruitment to one post of Manager of Prathmik Vanopaj Sahakari Sangh Maryadit, Lanjit (henceforth ‘the Primary Society’), the petitioner, who is eligible to the said post, applied along with other candidates. In the said advertisement, there is a specific condition that the candidate should be 3 resident of the Village which is coming under the said Primary Society. According to the petitioner, he is the resident of village Asura, and the said village is coming under the Primary Society, Lanjit. On completion of the recruitment process the respondent authorities issued the select list dated 09.10.2024, wherein the name of the petitioner is at S.No.1. However, on a complaint made by one Shailendra Gujjar with regard to the residential status of the petitioner an enquiry was conducted. Though in the said enquiry, it was found that the petitioner is resident of village Asura and the same is coming within the Primary Society, Lanjit, no order based on the enquiry report was passed. However, the respondent authorities decided not to proceed with the advertisement dated 19.07.2024 and decided to initiate the fresh recruitment process after cancellation of the earlier advertisement. Learned counsel further submits that once the name of the petitioner found place in the select list at S.No.1 and the residential status of the petitioner has duly been enquired, but without passing any order based on the said enquiry, cancellation of the advertisement dated 19.07.2024 and to take decision to issue fresh advertisement is bad in law. 3. On the other hand, learned counsel appearing for the respondent Nos.3 & 4 would submit that though the name of the petitioner found place in the select list at S.No.1, but in an enquiry conducted against the residential status of the petitioner on the basis of the complaint made by one Shailendra Gujjar, it came to the knowledge of the authorities that the petitioner was having two residential certificates of village Asura and Odgi and for which necessary enquiry was conducted and as such the 4 Laghu Vanopaj Sahakari Sangh Maryadit decided to go with fresh recruitment process. He would submit that mere finding place of the name of the petitioner in the select list does not acquire any indefeasible right in her favour. Thus, the writ petition deserves to be dismissed. 4. I have heard learned counsel for the parties, perused the pleadings and the documents appended thereto. 5. Bare perusal of the pleadings and the documents as also having considered the rival submissions made by the parties, it appears that the advertisement was issued by the Laghu Vanopaj Sahakari Sangh Maryadit on 19.07.2024 for appointment on the post of Manager in Primary Society, Lanjit, where the village of the petitioner Asura comes within the Primary Society, Lanjit. In the said selection process her name was found place at S.No.1, however on a complaint made by Shailendra Gujjar, the residential status of the petitioner has been enquired. However, without passing any order based upon the enquiry report, the Laghu Vanopaj Sahakari Sangh Maryadit decided to cancel the advertisement dated 19.07.2024 and further decided to initiate fresh recruitment process, despite the fact that the recruitment process pursuant to the advertisement dated 19.07.2024 has already been concluded and even the final select list has also been prepared, wherein the name of the petitioner is at S.No.1. Merely on the ground of complaint, the authorities decided to cancel the earlier recruitment process, which is not at all sustainable in the eyes of the law. In fact, during the course of enquiry, it reveals that the petitioner is the resident of Village Asura which comes under the Primary Society Lanjit and, as 5 such, the petitioner is fully eligible as per the terms and conditions of the advertisement dated 19.07.2024. Even no reasoned order has been passed by the authorities after receipt of the enquiry report. 6. Though learned counsel for the respondents has contended that mere inclusion of a candidate's name in a select list does not confer an indefeasible right to appointment, the said principle cannot be applied in a mechanical manner. Once the selection process has culminated in preparation of a final select list and the selected candidate is found eligible in the enquiry conducted by the authorities themselves, cancellation of the entire recruitment process without any reasoned decision cannot be sustained. Administrative action affecting valuable rights of a candidate must be supported by reasons and cannot rest merely upon an unsubstantiated complaint. 7. Having considered the entire facts and circumstances of the case in its true perspective, this Court is of the considered opinion that the petitioner is entitled to be appointed on the post of Manager Primary Society, Lanjit. Accordingly, the respondent authorities are directed to complete the requisite proceedings pursuant to the advertisement dated 19.07.2024 as also as per the select list dated 09.10.2024 and thereafter, issue order of appointment in favour of the petitioner on the post of Manager Primary Society Lanjit, as she is the resident of village Asura which comes under Village Lanjit, as early as possible preferably within a period of 40 days from the date of receipt of copy of this order. 6 8. As a sequel, the writ petition is allowed, leaving the parties to bear their own cost(s). sd/- (Bibhu Datta Guru) JUDGE Shoaib/gowri