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2026 DAILYLAW 36589 (CHH)

DEEPAK KUMAR KUSHWAHA v. STATE OF CHHATTISGARH

WPS/6965/2026 · 2026-09-22

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010371742026 2026:CGHC:41367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6965 of 2026 1 - Deepak Kumar Kushwaha S/o Jai Prakash Kushwaha, Aged About 32 Years R/o Village Amhar, P. O. Patna, Tahsil Baikunthpur, District Koriya (C.G.) 2 - Pradeep Chandra, S/o Suresh Kumar Chandra, Aged About 29 Years R/o Village Kekrabhath, Tahsil Jaijaipur, District Sakti (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nava Raipur, District Raipur (C.G.) 2 - Director General Of Police Police Headquarter, Atal Nagar Nava Raipur, District Raipur (C.G.) 3 - Controller, Chhattisgarh Public Service Commission, North Block, Sector 19, Atal Nagar, Nava Raipur, District Raipur (C.G.) Respondent(s) (Cause-title taken from CIS) For Petitioner(s) : Mr. Tapan Kumar Chandra, Advocate For Respondent(s) : Mr. Suyashdhar Badgaiya, GA (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 23/09/2026 1. The petitioner has called in question the result declared by respondent No.3/Chhattisgarh Public Service Commission vide Annexure P/7, RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.09.24 10:33:37 +0530 2 principally contending that certain candidates belonging to the OBC (Non-Creamy Layer) category were permitted to participate against the Unreserved category and that, on account of their inclusion, the candidature of the petitioner has been adversely affected. 2. Learned counsel for the petitioner submits that certain candidates belonging to the OBC (Non-Creamy Layer) category were permitted to participate against the Unreserved category and, on account thereof, the petitioner’s candidature has been adversely affected. It is further submitted that the petitioner has made representations before the competent authority, but no decision has been taken thereon. 3. Learned counsel appearing for the respondents raises a preliminary objection as to the maintainability of the writ petition on the ground of non-joinder of necessary parties. He submits that the candidates whose participation in the Unreserved category is being questioned have not been impleaded as parties. 4. Having heard learned counsel for the parties and having perused the pleadings and documents available on record, this Court finds that the petitioner has questioned the result on the allegation that certain OBC (NCL) candidates were permitted to participate against the Unreserved category. However, the concerned candidates have not been impleaded as parties to the present proceedings. The relief sought by the petitioner, if granted, may directly affect their candidature and position in the selection process. Even, there is no specific pleading regarding the 3 candidates because of wose inclusion as general candidate, the petitioner’s candidature has been affected. 5. In the absence of such parties and pleading thereof, the controversy cannot be effectively and completely adjudicated, particularly when the relief sought may directly affect their candidature and position in the selection process. Their presence and pleadings about their inclusion in select list are therefore, necessary for an effective and complete adjudication of the controversy. 6. In view of the aforesaid, the writ petition suffers from non-joinder of necessary parties and is, therefore, not maintainable. 7. Accordingly, the writ petition is dismissed on the ground of non-joinder of necessary parties. However, liberty is reserved for the petitioner to file a fresh duly consitituted Writ petition. Sd/- (BIBHU DATTA GURU) JUDGE Rahul