1 CGHC010112722023 2026:CGHC:35541 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2566 of 2023 1 - Manoj Kumar Yadaw S/o Shri Nand Ram Yadaw Aged About 42 Years R/o House No. 310, Ward No. 04, Firangipara, Kargiroad, Kota Bilaspur District Bilaspur Chhattisgarh 2 - Lukeshwari D/o Shatruhan Lal Aged About 28 Years R/o Ward No. 11, Tikra Para, Motimpur, Dhamtari, District Dhamtari Chhattisgarh 3 - Guljar Singh S/o Shri Parmanand Aged About 29 Years R/o Village Bhendra, Dhamtari, District Dhamtari Chhattisgarh 4 - Amit Choudhary S/o Benudhar Choudhary Aged About 33 Years R/o 189/ B, Sidarpara, Aamagaon, Raigarh District Raigarh Chhattisgarh 5 - Sarita Rajak D/o Shri Sukhlal Rajak Aged About 29 Years R/o Ekta Nagar, Ward No. 28, Godripara, Chirimiri District Koriya Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through Its Principal Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2 2 - Director Directorate Of Public Instruction, Department Of School Education, Indrawati Bhawan, Block-C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur Chhattisgarh 3 - Joint Director Directorate Of Public Instruction, Department Of School Education, Indrawati Bhawan, Block-C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur Chhattisgarh 4 - Deputy Director Directorate Of Public Instruction, Department Of School Education, Indrawati Bhawan, Block-C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur Chhattisgarh ... Respondents For Petitioner : Mr. Topilal Bareth, Advocate. For Respondents/State : Mr. DR Minj, Dy. Advocate General. Hon’ble Shri Justice Naresh Kumar Chandravanshi, J Order on Board (12th August, 2026) This petition has been preferred by the petitioners under Article 226/227 of the Constitution of India seeking direction to respondents No. 2 to 4 to issue their appointment/joining order on the vacant post of Lecturer (Physics) under OBC category, by setting aside the order dated 12.7.2022 (Annexure P/7) whereby representation filed by petitioner No.4 Amit Choudhary has been rejected. 2. Facts of the case, in brief, are that respondent No.2/Director, Directorate of Public Instructions, Raipur, issued an advertisement dated 9.3.2019 to fill up vacant posts of Lecturer, Teacher, Assistant 3 Teacher and Lab Assistant of various subjects including Physics through examination to be conducted by CG Vyavsayik Pariksha Mandal (CGVYAPAM). The petitioners applied for the post of Lecturer (Physics) under OBC category and also participated in the written examination held on 25.8.2019. Thereafter, the petitioners were enlisted in the supplementary list for documents verification dated 2.12.2020 (Annexure P/10) but they were not issued appointment order. Therefore, petitioner No.4 Amit Choudhary filed a petition i.e. WPS No.4398/2022 which was disposed of by this Court vide order dated 29.6.2022 (Annexure P/6) directing the respondents to take appropriate decision in respect of issuance of formal order of appointment and posting to the petitioner Amit Kumar Choudhary in accordance with law. After the aforesaid order, the petitioners filed representations for getting appointment but the representation filed by petitioner No.4 Amit Choudhary has been rejected vide order dated 12.7.2022 (Annexure P/7). Thereafter, the petitioners, who belong to OBC category, have filed the instant petition. 3. Learned counsel for the petitioners would submit that after order dated 29.6.2022 passed by this Court in WPS No.4398/2022, all the petitioners submitted their representations before the respondent authorities but vide order dated 12.7.2022 (Annexure P/7), the representation filed by petitioner No.4 Amit Choudhary was rejected whereas the representations filed by other petitioners have not yet 4 been decided. He further submits that in the advertisement, there was no cut off marks for getting appointment on the post of Lecturer (Physics) in E cadre and T cadre, despite that the petitioners have been deprived from appointment on the said post. Hence he prays that this petition may be allowed and the relief sought for by them may be granted. 4. The State/respondents has filed its reply and affidavit dated 10.8.2026 of Mr. Rituraj Raghuvanshi, Director, Directorate of Public Instructions, Indravati Bhawan, Naya Raipur, Distt. Raipur. Learned State counsel, referring to its reply and the said affidavit, would submit that all the petitioners belong to OBC category and they submitted their respective applications for getting appointment on the post of Lecturer (Physics) under the said category but as per Annexure P/12 i.e. supplementary list of candidates of OBC category for Physics subject, the petitioners had secured 773/730, 768/725, 767/724, 777/734 and 781/738 in E/T cadre respectively whereas in the said category for physics subject, the candidates who had obtained minimum 28.966 marks and secured 702 rank in E cadre and minimum 28.96 marks and 715 rank in T cadre, had been appointed on the said post. Referring to order dated 12.7.2022 (Annexure P/7, page 99 of the petition) of rejection of representation filed by petitioner No.4 Amit Choudhary, passed by Director, Directorate of Public Instructions, and pages 14 & 20 of the affidavit of Mr. Rituraj Raghuvanshi, Director, 5 which is list of selected candidates for Lecturer (Physics) under OBC category, learned State counsel would submit that against total 45 vacant posts (Open 32 + Female 13) under OBC category (E Cadre), all 45 candidates (Open 32 + Female 13) have been appointed and out of total 44 vacant posts (Open 31 + Female 13), 43 candidates (Open 30 + Female 13) of OBC category (T Cadre), have been appointed. However, one post of OBC category (T Cadre) is kept vacant on account of interim order passed by this Court in the instant petition. Learned counsel for the State further submits that since the rank of the petitioners was much lower and meritorious candidates against the total vacant posts of OBC category have been appointed, therefore, the petitioners are not entitled to get appointment on the said post and the instant petition being without any substance is liable to be dismissed. 5. Heard learned counsel for the parties and perused the material available on record. 6. As contended by learned counsel for the petitioners, after order dated 29.6.2022 being passed by this Court in WPS No.4398/22, parties being Amit Kumar Choudhary Vs. State of CG and others, the petitioners filed their representations for redressal of their grievance. Copy of representation dated 4.7.2022 filed by petitioner No.4 Amit Choudhary is Annexure P/7 (page 98 of the writ petition). However, copy of representations made by the other petitioners have not been 6 filed. The aforesaid representation filed by petitioner Amit Choudhary was rejected by the Director, Directorate of Public Instructions, vide order dated 12.7.2022 (page 99 of the petition). Perusal of the said order shows that the last candidates of OBC category, who had secured 28.966 marks and 702 rank in E cadre and 28.96 marks and 715 rank in T cadre, had been appointed on the said post. It also gets support from the list of selected candidates for Lecturer (Physics) under OBC category, E/T cadre, (pages 14 & 20 of the affidavit of Mr. Rituraj Raghuvanshi, Director). Perusal of the said list and advertisement would show that out of total 45 vacant posts (Open 32 + Female 13) under OBC category (E Cadre), all 45 candidates (Open 32 + Female 13) have been appointed and out of total 44 vacant posts (Open 31 + Female 13), 43 candidates (Open 30 + Female 13) of OBC category (T Cadre), have been appointed, and one post of OBC category (T Cadre) is kept vacant by virtue of interim order passed by this Court in this petition. From the above, it is clear that under the E cadre, the last candidate of OBC category appointed had secured 702 rank and the last candidate appointed under T cadre had secured 672 rank whereas the petitioners had secured 773/730, 768/725, 767/724, 777/734 and 781/738 in E/T cadre respectively. Thus, it is an admitted position in this case that the petitioners secured much lower rank than the candidates appointed under OBC category (E/T cadre). Being so, no case is made out in favour of the petitioners for grant of relief sought for. The present petition lacks any substance and is, therefore, 7 liable to be dismissed. 7. In the result, the instant appeal being devoid of any substance is hereby dismissed. Consequently, the interim order dated 5.1.2024 passed by this Court for keeping one post vacant, is recalled. No order as to cost(s). 8. Pending interlocutory application(s), if any, shall also stand disposed of. Sd/ (Naresh Kumar Chandravanshi) Judge Khan MOHD AKHTAR KHAN Digitally signed by MOHD AKHTAR KHAN Date: 2026.08.13 16:37:06 +0530