1 CGHC010296992026 2026:CGHC:33548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5841 of 2026 Aparna Choudhary W/o Siddharth Mitra Aged About 31 Years R/o Flat No. 402, Block- Avinash Woods, Dharampura No. 1, Aghanpur, Jagdalpur, District - Bastar, Chhattisgarh. ... Petitioner(s) versus 1- State Of Chhattisgarh Through Its Secretary, Department Of Medical Education, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh. 2 - The Commissioner Medical Education, Swasthya Bhawan, 2nd Floor, North Block, Sector- 19, Nava Raipur, Atal Nagar, Chhattisgarh. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Avinash K. Mishra, Advocate For Respondent(s) : Shri Gary Mukhopadhyay, Addl. Advocate General. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 03.08.2026 SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.08.03 18:02:33 +0530 2 1. By the present petition under Article 226 of the Constitution of India, the petitioner is seeking a direction towards the respondents to consider the case of the petitioner and issue the merit list of selected candidates and call the petitioner for interview for the eligible post and also sought a direction to consider and decide the representation dated 25.07.2026 (Annexure P/7) within stipulated time and include the name of the petitioner in the select list in the interview scheduled from 29.07.2026 to 03.08.2026. 2. Learned counsel for the petitioner would submit that pursuant to the advertisement issued by the respondent No. 2 on contractual basis for various post e.g. Professor, Assistant Professor and Demonstrator for various Government Nursing Colleges of Chhatisgarh, the petitioner applied for the said post and on due scrutiny and other details the respondent No. 2 issued the revised schedule, wherein the name of the petitioner found place in the provisional eligibility list for the post of Assistant Professor and Demonstrator with certain remarks. Thereafter, the petitioner resolved the objections raised by the authorities. Subsequently, without issuing the 3 merit list of selected candidates, the respondent No. 2 declared the list of selected candidates and called them for document verification and interview between 29.07.2026 to 03.08.2026 for the post of Demonstrator. The said action of the authorities is illegal, arbitrary and not at all sustainable in the eyes of law. 3. On the last date of hearing, i.e. 30.07.2026, this Court directed the State to file the list of eligible candidates alongwith personal affidavit of the Officer. 4. Pursuant to the said order, State has filed its reply and would submit that the petitioner belongs to General Category Candidates and she obtained 71.82% marks in B.Sc. Nursing. He would submit that as per Clause III (3) of the advertisement 70% of the total marks i.e. 50.27% is qualifying marks of the petitioner. He would submit that the petitioner has not obtained any marks for the experience for the reason that as per Clause III (2) the same is only applicable to those candidates who are worked with the Government Institution, but the petitioner has not produced any document to establish that she is having experience with the Government Institution. He would submit that in the eligible list the 4 highest qualified marks is 68.32% and the last qualifying marks is 51.08%, whereas the petitioner secured 50.27% marks and as such she is not eligible for interview. According to the learned counsel as per Clause IX (2) of the advertisement the respondents published the list of candidates selected for document verification and interview in the official website of the Department of Medical Education, Govt. of Chhattisgarh. In the said list the name of the petitioner is not found place. Hence the petitioner is not entitled for any relief and the same deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the pleadings and the documents appended thereto. 6. It is not in dispute that the petitioner herein secured 71.82% marks in B.Sc. Nursing and she rendered the services as Assistant Professor at Adeshwar Nursing Institute Jagdalpur (C.G.), which is a Private institute. From the said fact, it is evident that the petitioner has no experience with the Government Institution. Clause III (3)(2) of the advertisement specifically provides that the marks for experience will be awarded to those candidates who have rendered their 5 services in the Government institution. For the sake of convenience, the said clause is read as under:- III. चयन प्रकिय :- xxx xxx (2) से वारत अभ्यर्थी हे त आवा कित प लिए किनर्धारिरत यग्यत से सेबंलिर्धात किसे! शासे#य, अर्द्धशासे#य एवा शासे#य किवात्त पकि&त सेस्र्थीओं द्वार जार! अनभवा प्रमाण पत्र एवा अनपलित्त प्रमाण पत्र प्रस्तत रन अकिनवाय हेगा। अनभवा प्रमाण पत्र सेर्थी किनयकि1 आ शा # प्रकित सेत्यपन 3रन प्रस्तत रन अकिनवाय हेगा। (3) किसे! मान्यत प्रप्त किवाश्वाकिवाद्याय से सेबंर्द्ध अशासे#य सेस्र्थी से प्रप्त यनभवा मान्य रत हे8ए अभ्यलिर्थीय9 किनयमानसेर पत्र से:च! मा; सेम्मि=मालित किय जावा गा, किन्त उन्हे; अनभवा अ प्रन नहे? किय जाय गा। xxx xxx 7. From the reply filed by the State, it is also manifest that the highest qualified marks in the subject recruitment process is 68.32% and last qualifying marks is 51.8%, whereas the petitioner secured 50.27% marks. 8. As far as the contention of the petitioner that without issuing the merit list of selected candidates, the respondent no. 2 has published the list of selected candidates and called them for document verification and interview scheduled from 6 29.07.2026 to 03.08.2026 is concerned, the publication of merit list is prescribed in the advertisement itself. According to the said clause, the respondent authorities published the list of candidates selected for document verification and interview in the official website of the Department of Medical Education Govt. of Chhattisgarh. Thus, in the opinion of this Court, the entire process of selection conducted by the respondent authorities is in conformity with the four corners of the advertisement. 9. In the result, the writ petition, being bereft of merit, is liable to be and is hereby dismissed. Sd/- (Bibhu Datta Guru) JUDGE Shoaib