1 CGHC010344722025 2026:CGHC:31801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9877 of 2025 Devendra Kumari Sahu W/o Rishi Prasad Sahu Aged About 37 Years R/o Village Manja, P.O. Sarbhoka, Tahsil Ramanujnagar, Distt. Surajpur, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Panchayat and Rural Development Department, Mahanadi Bhawan, Mantalaya, Capital Complex, Naya Raipur, Distt. Raipur, Chhattisgarh 2 - Upper Secretary Panchayat and Rural Development Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, Distt. Raipur, Chhattisgarh 3 - The Secretary Department of Finance, Indravati Bhawan, Capital Complex, Atal Nagar Naya Raipur, Distt. Raipur, Chhattisgarh 4 - The Director Directorate Panchayat, Sector-19, North Block, Vikas Bhawan, Ground Floor, Nawa Raipur, Atal Nagar, Raipur, Chhattisgarh 5 - The Collector Distt. Surajpur, Chhattisgarh 6 - The Chief Executive Officer Zila Panchayat, Surajpur, Distt. Surajpur, Chhattisgarh 7 - The Joint Director (Panchayat) Surajpur, Distt. Surajpur, Chhattisgarh ... Respondents For Petitioner : Mr. Akath Kumar Yadav, Advocate For State : Mr. Suyashdhar Badgaiya, GA (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 24/07/2026 1. The petitioner has filed the present writ petition seeking a direction to the respondents to complete the recruitment process initiated pursuant to Advertisement dated 17.09.2018 issued for appointment on the post of ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.07.25 12:25:23 +0530 2 Gram Panchayat Secretary in District Surajpur and to issue an appointment order in her favour on the ground that she figures in the merit list and belongs to the OBC (Female) category. 2. Learned counsel for the petitioner submits that the petitioner participated in the recruitment process initiated in the year 2018, was found eligible and her name was included in the merit list. It is contended that despite preparation of the merit list and repeated representations submitted by the petitioner, the respondents have not completed the recruitment process nor have appointments been made. It is, therefore, prayed that the respondents be directed to conclude the recruitment process and grant appointment to the petitioner. 3. This Court by order dated 11.09.2025 directed the Director, Panchayat and Rural Development Department, Raipur to file affidavit to apprise this Court as to why the selection process has not reached to its logical end despite issuance of advertisement dated 17.09.2018 and the matter is pending for seven years. 4. In compliance of the said order, the affidavit of the said authority has been filed on 03.11.2025. By placing reliance upon the said affidavit learned counsel for the State submitted that the very recruitment process on the basis of which the petitioner claims appointment no longer survives. Attention of this Court has been invited to paragraph 9 of the affidavit wherein it has been specifically stated that the advertisement dated 17.09.2018 was issued by the Chief Executive Officer, Zila Panchayat, Surajpur without obtaining sanction/approval of the State 3 Government and the Finance Department. It has further been stated that issuance of such advertisement was beyond the jurisdiction of the authority concerned and contrary to the applicable Rules and Regulations. Consequently, the Director, Directorate of Panchayat, Chhattisgarh, by communication dated 20.01.2025, directed the Chief Executive Officer, Zila Panchayat, Surajpur to cancel the recruitment process pertaining to the said 11 posts of Gram Panchayat Secretary. Pursuant thereto, by order dated 22.10.2025, respondent No.6 has cancelled the entire recruitment process relating to the said 11 posts. Copies of the communication dated 20.01.2025 and the cancellation order dated 22.10.2025 have been brought on record as Document-A and Document-B respectively. 5. I have heard learned counsel for the parties and perused the material available on record. 6. The claim of the petitioner is founded entirely upon the recruitment process initiated pursuant to Advertisement dated 17.09.2018. However, the respondents have categorically stated in paragraph 9 of the affidavit that the said advertisement itself had been issued without obtaining the requisite sanction or approval from the competent State authorities and the Finance Department and, therefore, the authority issuing the advertisement had acted beyond its jurisdiction and contrary to the governing Rules and Regulations. 7. It is not in dispute that thereafter the Director, Directorate of Panchayat, Chhattisgarh, by communication dated 20.01.2025, directed cancellation 4 of the recruitment process and, in compliance thereof, respondent No.6 has passed the order dated 22.10.2025 cancelling the entire recruitment process relating to the 11 posts of Gram Panchayat Secretary. 8. Once the very recruitment process has been cancelled by the competent authority, no enforceable or vested right survives in favour of the petitioner merely because her name was included in the merit list. Inclusion of a candidate's name in a select list or merit list does not, by itself, confer an indefeasible right to appointment, particularly when the recruitment process itself has been validly cancelled. 9. In view of the subsequent development, namely cancellation of the recruitment process, the principal relief sought in the present petition directing completion of the recruitment process and issuance of appointment order has become incapable of being granted. Unless the order cancelling the recruitment process is set aside in appropriate proceedings, no direction for appointment can be issued by this Court. 10. Accordingly, finding no merit in the writ petition, the same deserves to be and is hereby dismissed. It is, however, made clear that if the petitioner is aggrieved by the order dated 22.10.2025 cancelling the recruitment process, it shall be open to her to avail such remedy as may be available to her in accordance with law. No order as to costs. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu