1 2026:CGHC:4770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3236 of 2023 Ashvan Kumar Katlam S/o. Chandra Singh Katlam, Aged About 34 Years R/o. Village Markanar, Tahsil Pakhanjore, District U.B. Kanker Chhattisgarh. ... Petitioner. versus 1 - The State Of Chhattisgarh Through Its Secretary, Forest Department, Mahanadi, Naya Raipur, District Raipur Chhattisgarh. 2 - The Collector, District Uttar Baster Kanker Chhattisgarh. 3 - Managing Director, Jila Vanopaj Sahakari Sangh Maryadit, East Bhanupratappur, District Uttar Baster Kanker Chhattisgarh. 4 - President Primary Vanopaj Sahakari Samiti, Hurtarai, East Bhanupratappur, District Uttar Baster Kanker Chhattisgarh. 5 - Karun Kumar Choudhari, R/o. Village Gudabeda, District U.B. Kanker Chhattisgarh. ... Respondents. For Petitioner : Shri Virendra Vaishnav, Advocate. For State/Respondent : Ms. Vartika Shrivastava, PL. For Respondent No.3 : Shri Siddharth Tiwari, Advocate. For Respondent No.5 : Shri Vinamra Shrivastava appears on behalf of Shri Aman Pandey, Advocates. AVINASH SHARMA Digitally signed by AVINASH SHARMA 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 28/01/2026 1. Petitioner has filed this Writ Petition praying for the following reliefs:- I. The Hon'ble Court may kindly be please to set aside notice cum order dated 11/4/2023 issued by the respondent no. 3 and further please to direct the respondents to issue appointment order in favour of the petitioner to the post of Manager, Primary Soiceity Hurtarai, East Bhanupratapur, Distt. Uttar Baster Kanker, with all consequential benefits including seniority and salary. II. Any other relief which this Hon'ble Court deems fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner and the cost of the petition may be awarded in favour of the petitioner. 2. Necessary facts of the case are that respondent authority invited an application for the post of Manager of different primary society. The petitioner was eligible and applied for the post of Manger Primary Society Hurtarai. Respondent no. 5 also applied for the post of Primary Society Hurtarai, though he is not the resident of the area. As per advertisement, the minimum qualification is 10+2 and should be resident of the Samiti Area. Last date for submitting the application was 24/3/2021. A copy of the advertisement is filed as Annexure P/1. Vide resolution dated 28/5/21, it was resolved in favour of the petitioner, by the Primary Vanopaj Sahakari Samiti Maryadit Hurtarai. In spite of 3 resolution in favour of the petitioner, the respondent issued a merit list and the name of the respondent no. 5 was in the top, even though he is ineligible for the post. The name of the petitioner is at S. No. 3, the second Candidate was declare ineligible. A copy of merit list is filed as Annexure P/3. When it came to the knowledge of the petitioner, that respondent no. 5 who is not eligible to apply was in the top of merit list, he immediately submitted, the objection to the respondents. A copy of objection dated 12/5/22 is filed as Annexure P/4. Primary Society had also made the complaint against the respondent no. 5 about his misbehavior with the Villagers, Sarpanch. Thereafter, it appears that the respondent authorities, do not want to grant the appointment to the eligible candidate that is petitioner, had vide notice cum order dated 11/4/2023, canceled the process of the appointment of Manager, only for the Primary Society Hurtarai, on the ground that same was not in accordance with the rules. It is noteworthy to mention that once the advertisement has been issued for various Primary Society, and the candidates have applied for the post then respondent cannot arbitrarily cancel the process of the appointment only for one particular society, which is ex facie illegal and arbitrary and discriminatory. A copy of notice cum order is filed as Annexure P/6. Petitioner is eligible and entitled for the post of the Manager and he should in the top of merit list and appointment orders are to be issued in favour of the petitioner as the petitioner fulfills all the qualifications for the post as per Chhattisgarh Rajya Prathamik Vanopaj Sahakari Sanstha Prabandhak Seva (Niyojan, Nibandha Tatha Karya Isthithi) Niyam (hereinafter referred as Rules) and respondent no. 5 is not entitled and eligible for the post. A copy of Rules is filed as Annexure P/7. 4 3. Learned counsel for Respondent No.3 i.e. Managing Director, Jila Vanopaj Sahakari Sangh Maryadit, East Bhanupratappur, Uttar Baster Kanker at the outset submits that proceedings was initiated for the appointment of Manager for the Society, Hurtarai. He further submits that in the merit list, the petitioner was ranked at Serial No.3 whereas, Respondent No.5 ranked at Serial No.1. However, some dispute arose and as such, the entire proceedings for selection and appointment of Manager has been dropped by Respondent No.3 vide impugned order dated 11.04.2023. 4. In the case at hand, since the proceedings for selection and appointment of Manager itself has been dropped, I do not consider the present to be a case for any further adjudication. 5. Accordingly, the Writ Petition is dismissed as having become infructuous, however, if any proceeding is being initiated, the petitioner would be at liberty to approach the authorities by filing suitable application and may also approach this Court in case any exigency arises. Sd/- (Amitendra Kishore Prasad) Judge Avinash