1 CGHC010159042018 2026:CGHC:38067 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3904 of 2018 1 - Ku. Namrata Dewangan D/o Shri Hemant Dewangan, Aged About 24 Years R/o Vil- Gadadih, Po- Dhourabhata, Panduka, Tah.- Magarlod, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Urban Area And Administration Department, Mahanadi Bhawan, Mantralaya, New Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Director, Directorate, Urban Administration And Development Department, Chhattisgarh, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The Joint Director, Directorate, Urban Administration And Development Department, Regional Office, Chhattisgarh Government, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - The Joint Director, Urban Administration And Development, Regional Office, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - The Commissioner, Municipal Corporation, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 6 - Bhudhram Sahu S/o Devcharan Sahu, Posted As Assistant Teacher (Municipality), Primary School, Tatibandh, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh NIRMALA RAO 2 7 - Kishor Kumar, S/o Balaram, Posted As Assistant Teacher (Municipality), Primary School, Pandri, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 8 - Ram Krishan Kashyap S/o Chhotelal Kashyap, Posted As Assistant Teacher (Municipality), Primary School, Gudhiyari Girls (A), Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 9 - Kaushal Kishor Patel S/o Nehru Lal Patel, Posted As Assistant Teacher (Municipality), Primary School, Gudhiyari(B), Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 10 - Rajendra Kumar, Choube Colony, S/o Shivram, Posted As Assistant Teacher (Municipality), Primary School, Choube Colony, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 11 - Salik Ram, S/o Hari Ram, Posted As Assistant Teacher (Municipality), Primary School, Primary Abhyas School Attached Diet, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 12 - Prabhat Kumar Patel S/o Kushal Chand Patel, Posted As Assistant Teacher (Municipality), Primary School, Bhanpuri, Ganganagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 13 - Liladhar Sahu S/o Diwaker Sahu, Posted As Assistant Teacher (Municipality), Primary School, Bhanpuri, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 14 - Rajesh Kumar S/o Vijay Kumar Posted As Assistant Teacher (Municipality), Primary School, Gogaon, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 15 - Thamas Kumar Sahu S/o Vishay Lal Sahu, Posted As Assistant Teacher (Municipality), Primary School, Chandnidih, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 16 - Dakeshvar Ram Sahu S/o Phool Singh Sahu, Posted As Assistant Teacher (Municipality), Primary School, Telibandha, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 17 - Hardeep Kumar Sahu S/o Ashwani Kumar Sahu Posted As Assistant Teacher (Municipality), Primary School, Katoratalab, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 18 - Shri S.K. Sundrani, Member Of Appointing Committee, Through The Secretary, Urban Area And Administration Department, Mahanadi Bhawan, Mantralaya, New Raipur, Tahsil And Dsitrict Raipur Chhattisgarh., District : Raipur, Chhattisgarh 19 - Shri Ashok Narayan Banjare, Member Of Appointing Committee, Through The Secretary, Urban Area And Administration Department, Mahanadi Bhawan, Mantralaya, New Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 20 - Shri Taran Prakash Sinha, Member Of Appointing Committee, Through The Secretary, Urban Area And Administration Department, Mahanadi Bhawan, Mantralaya, New Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioners : Mr. Devershi Thakur, Advocate For Respondents/ State : Shri Abhishek Singh, P.L. For Respective Respondents : Shri Raghvendra Pradhan, Shri Pankaj Agrawal and Ms. Jyoti Rathore, Advocates. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 25/08/2026 1. The petitioner has filed this petition seeking the following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call the records from the respondent authorities relating to subject matter of this petition. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of quo-warranto, thereby setting-aside/quash the impugned appointment order dated 15.01.2014 (Annexure P/1) so far it relates to respondents no. 6 to 17 and oust the respondents no. 6 to 17 from the post of Assistant Teacher (Municipality) (Science Faculty), and further direct them to 4 appoint the present petitioner in one of the reserved post of OBC Female. 10.3 That, this Hon'ble Court may kindly be pleased to issue a suitable writ, order, direction, directing the respondent no.1 to take proper disciplinary action against the erring officers for committing illegality in appointing the respondents no. 6 to 17 on the post of Assistant Teacher (Municipality) (Science Faculty), reserved for the female category in light of inquiry report (P/12). 10.4 That, this Hon'ble Court may kindly be pleased to issue a suitable writ, order, direction, directing the respondent no.1 to take proper steps upon the inquiry report (P/12) 10.5 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. The facts, in brief, are that applications were invited from 1.6.2013 to 15.6.2013 to fill-up posts of Lecturer, Shiksha Karmi Grade-III, in Urban Bodies. The petitioner, who belongs to the Other Backward Class (OBC) category, applied for the post of Assistant Teacher, Shiksha Karmi Grade-III, in the Science subject. There were a total of 204 posts, out of which 12 posts were reserved for women belonging to the OBC category. The petitioner participated in the recruitment process and was subsequently declared qualified. Her name appeared at Sr. No. 1594 in the merit list. Subsequently, orders of appointment were issued, and the 12 posts of Assistant Teacher, Shiksha Karmi Grade-III, earmarked for women belonging to the OBC category, were filled by male candidates. The selected candidates have been arrayed as respondents No. 6 to 17 in the present petition. 5 3. Learned counsel for the petitioner would argue that 12 posts of Assistant Teacher, Shiksha Karmi Grade-III, in the Science subject, were reserved for women belonging to the OBC category in accordance with the Chhattisgarh Shikshak (Nagariya Nikay) Samvarg (Recruitment and Conditions of Service) Rules, 2013 (for short, ‘Rules, 2013’) and notifications/circulars issued by the State Government from time to time. He would contend that respondent No. 5 selected and offered appointment to 12 male candidates against those vacancies. He would contend that the decision taken by respondent No. 5 is illegal, arbitrary, mala fide and contrary to the constitutional mandate. It is also argued that, pursuant to order passed in WPS No.730 of 2016, an enquiry was conducted by a three-member Committee, and a report was submitted on 30.12.2017, wherein it was categorically held that appointments had been granted to the male candidates contrary to the rules. He would contend that respondent No. 5 did not take any action even after receipt of the enquiry report. He would pray that the petition be allowed. 4. On the other hand, learned counsel appearing for the respondents would oppose the submissions made by learned counsel for the petitioner. They would contend that the petitioner and other candidates belonging to the women OBC category could not secure the qualifying marks and, therefore, the 12 posts were filled by male candidates belonging to the OBC category. It is also argued that the decision was taken in accordance with the circular dated 18.2.1997. It is further argued that the private respondents were appointed way back vide order dated 15.1.2014 and, after a 6 lapse of 12 years, it would not be proper to cancel their appointments. It is also argued by learned counsel for the respondents that the petitioner could not secure the minimum qualifying marks, and the benefit of relaxation was also not extended to her. Therefore, her name was not considered for appointment. Subsequently, she was appointed to the post of Teacher (Mathematics); therefore, she has no right to claim the relief sought for in the present petition. They would submit that the petition deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. The advertisement was issued in accordance with the Chhattisgarh Shikshak (Nagariya Nikay) Samvarg (Recruitment and Conditions of Service) Rules, 2013 (for short, ‘Rules, 2013’). Rule 6(5) of the Rules, 2013 categorically provides that vacancies shall be reserved for women, persons with disabilities, ex- servicemen and other categories in accordance with the existing rules framed by the State Government. 7. A circular was issued by the erstwhile State of Madhya Pradesh on 18.2.1997. According to the said circular, 30% of the vacancies shall be reserved for women in all categories. Respondent No. 5 has placed reliance on the circular dated 18.2.1997, wherein it is stated that, in the absence of eligible candidates from the women’s category, the vacancies would not be carried forward but would instead be filled by male candidates belonging to the same category. The 30% reservation for women candidates in all 7 categories has been extended in accordance with the prevailing Rules and circulars issued by the State Government from time to time. 8. In the advertisement, no minimum qualifying marks was prescribed for any of the categories. The petitioner secured 60.70 marks, and her position in the merit list was at Sr. No. 1594. It is true that 12 posts of Shiksha Karmi Grade-III, Science subject, which were reserved for women belonging to the OBC category, were filled by male candidates, and orders of appointment were issued on 15.1.2014. For the first time, the petitioner filed a writ petition, i.e., WP(S) No. 730 of 2016, wherein a direction was sought to the Municipal Corporation, Raipur, to conclude the pending enquiry at the earliest. The said writ petition was disposed of on 28.7.2017, with a direction to that effect. Subsequently, an enquiry was conducted and report was submitted on 21.12.2017, wherein it was found that the petitioner had been denied appointment contrary to the reservation rules. Thereafter, the petitioner filed the present petition on 10.5.2018. The petitioner subsequently applied for the post of Teacher pursuant to different advertisement and was selected sometime in the year 2020. At present, her services have been confirmed. In the present petition, the petitioner has sought quashing of the order of appointment dated 15.1.2014 pertaining to respondents No. 6 to 17, who were appointed against the posts reserved for women belonging to the OBC category. She has further sought a direction to respondent No. 1 to take action against the erring officers. 8 9. According to the return filed by the private respondents, the petitioner and other women candidates belonging to the OBC category failed to secure the minimum qualifying marks and, therefore, their names were not considered for appointment against the 12 posts reserved for women belonging to the OBC category. 10. In the first round of litigation, the order of appointment dated 15.1.2014 was not pressed, and only a simple direction was sought to conclude the pending enquiry. The petitioner ought to have raised the grounds that have been raised in the present petition, in earlier round of litigation. 11. It is also true that respondent No. 5 appointed male candidates against the posts reserved for women belonging to the OBC category, contrary to the reservation rules. It is a well-settled principle of law that a circular cannot supersede statutory rules and regulations. In the absence of any statutory provision or rule permitting such conversion, the conversion of posts earmarked for women belonging to the OBC category to any other category is not permissible in law. Be that as it may, the private respondents were appointed way back vide order dated 15.1.2014, and we are now in the year 2026. In the meantime, the petitioner has already been appointed to the post of Teacher (Mathematics), as informed by learned counsel for the petitioner, and her services have been confirmed. It is also an admitted fact that, due to mistake of respondent No. 5, the petitioner could not be considered for appointment in the year 2014. Although she was subsequently 9 appointed but she has suffered mental agony on account of the mistake of respondent No. 5. Had the petitioner been appointed in the year 2014, she would have earned salary and other consequential benefits from 15.1.2014 until the date of her subsequent appointment. 12. Having considered the aforesaid facts and circumstances, without disturbing the appointments of the private respondents, this petition is disposed of with a direction to respondent No. 5 to pay compensation to the tune of Rs.3,00,000/- to the petitioner. This order shall not be treated as a precedent. Looking to the peculiar facts and circumstances of the case, this Court has granted compensation to the petitioner. In future, the respondent authorities shall prepare category-wise merit lists as well as waiting lists, if provided for under the Rules, whenever recruitment takes place, as under: (i) a consolidated merit list; (ii) a category-wise merit list and waiting list; (iii) a horizontally reserved category-wise merit list and waiting list for each category; (iv) the merit lists so prepared shall be published on the official website of the concerned Department. 13. With the aforesaid observations and directions, the writ petition stands disposed of. No order as to costs. Sd/- (Rakesh Mohan Pandey) Judge Nimmi