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2026 DAILYLAW 37500 (CHH)

NIRAJ KUMAR SAHU v. STATE OF CHHATTISGARH

WPS/2174/2025 · 2026-09-25

Shri Naresh Kumar Chandravanshi

body2026

Judgment text

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1 CGHC010249842024 2026:CGHC:42048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4327 of 2024 Jagdev Yadav S/o. Shri Umrav Aged About 38 Years R/o. House No. 141, Mathaldabari, Dist. - Rajnandgaon (C.G.) --- Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Skill Development Technical Education And Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Employment And Training, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Chhattisgarh Professional Examination Board Raipur, District - Raipur (C.G.) --- Respondents WPS No. 10564 of 2025 Divyani D/o Shri Dilip Kumar Ram Aged About 32 Years R/o House No. 206, Street No. 13, Bandhabazar District Mohla Manpur Ambagarh Chowki Chhattisgarh ---Petitioner 2 Versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Skill Development Technical Education And Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Employment And Training, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Chhattisgarh Professional Examination Board Raipur, District - Raipur (C.G.) --- Respondents WPS No. 9032 of 2025 Naveen Prakash Sahu S/o Shri Radheshyam Sahu Aged About 34 Years R/o House No. 52 Phase-3 Woodland Colony, Amleshwar Amleser Durg, District : Durg, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Skill Development Technical Education And Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Employment And Training, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Chhattisgarh Professional Examination Board Raipur, District - Raipur (C.G.) --- Respondents WPS No. 2174 of 2025 Niraj Kumar Sahu S/o Shri Suresh Kumar Sahu Aged About 38 Years R/o Near Rest House Kharora Village Kharora, Post Kharora District Raipur Chhattisgarh ---Petitioner 3 Versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Skill Development Technical Education And Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Employment And Training, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Chhattisgarh Professional Examination Board Raipur, District - Raipur (C.G.) --- Respondents WPS No. 4469 of 2024 Rameshwar Prasad Sahu S/o Shri Parmanand Sahu Aged About 31 Years R/o. Village Tumsa, Ward No. 09, Tahsil- Sheorinarayan, District- Janjgir-Champa, Chhattisgarh ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Skill Development Technical Education And Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Employment And Training, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Chhattisgarh Professional Examination Board Raipur, District - Raipur (C.G.) --- Respondents WPS No. 4350 of 2024 Niraj Sharma S/o Shri Shambhu Nath Sharma Aged About 31 Years R/o - Maa Karma Marg, Shikshak Colony, Sanjay Nagar, Kurud Dist - Dhamtari (C.G.) ---Petitioner 4 Versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Skill Development Technical Education And Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Employment And Training, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Chhattisgarh Professional Examination Board Raipur, District - Raipur (C.G.) --- Respondents WPS No. 4336 of 2024 Chinta Ram S/o Shri Khorbehara Aged About 31 Years R/o Village - Amlideeh P.O. Singarpur Block And District - Rajnandgaon (C.G.) ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Skill Development Technical Education And Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Employment And Training, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Chhattisgarh Professional Examination Board Raipur, District - Raipur (C.G.) --- Respondents WPS No. 4331 of 2024 Veena Dubey D/o Shri R.K. Dubey Aged About 35 Years R/o Hosue No. 47, Shivyan Villa, Pratappura Naka Ambikapur District Surguja (C.G.) ---Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Skill Development Technical Education And Employment Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District - Raipur (C.G.) 5 2 - Director Directorate Of Employment And Training, Indrawati Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.) 3 - Chhattisgarh Professional Examination Board Raipur, District - Raipur (C.G.) --- Respondents For Petitioners : Ms. Deepali Pandey, Advocate. For Respondents No. 1 & 2/State : Mr. DR Minj, Dy. AG, Mr. Khulesh Sahu and Ms. Anmol Sharma, PLs. For Respondent No.3 : Ms. Akanksha Singh, Advocate on behalf of Dr. Saurabh Kumar Pandey, Advocate. Hon’ble Shri Justice Naresh Kumar Chandravanshi, J Order on Board (26th September, 2026) These petitions be delinked from the other connected writ petitions. 2. Since the limited issue involved in this batch of writ petitions is one and the same, therefore, they are being disposed of by this common order. 3. The petitioners have filed the instant petitions under Article 226 of the Constitution of India seeking direction to respondents No. 1 & 2 to issue appointment order and joining letter to the petitioners being meritorious and selected candidates for the post of Training Officer (Computer Operator & Programming Assistant). 6 4. Facts of the case, in brief, are that respondent No.2/Director, Employment and Training, Raipur issued an advertisement dated 5.5.2023, which was published in the daily newspaper on 6.5.2023, and subsequently amended on 13.5.2023, for filling up various posts of Training Officers in Govt. Industrial Training Institutes. The petitioners submitted their applications for the post of Training Officer (Computer Operator & Programming Assistant). They cleared the written examination successfully and secured meritorious position, hence were called for documents verification/counselling in which their documents were duly verified and accepted by the respondent authorities. However, despite that, appointment order has not been issued to them without explaining and informing them any reason in this regard. 5. Learned counsel for the petitioners submits that despite the petitioners being eligible, meritorious and selected candidates for the post of Training Officer (Computer Operator & Programming Assistant), they have not yet been issued appointment order. She further submits that for the first time, the petitioners came to know after filing of the Reply by the State that they have not been issued appointment order only because in some of various writ petitions filed by the aspirants/non-selected candidates for the aforesaid post, this Court has passed an interim order, thereby directing the respondent authorities for keeping one post of Training Officer (Computer Operator & Programming Assistant) vacant. However, this Reply of the State is completely vague whereas as per information obtained by the 7 petitioners, there are total 52 posts of Training Officer (Computer Operator & Programming Assistant), which are still lying vacant, against which the petitioners can be appointed. Hence she prays that these petitions may be allowed and the relief sought for by them be granted. 6. The respondents No.1 & 2/State have filed their reply. Learned State counsel, referring to its reply, would submit that some of the candidates, who were found ineligible during first, second and third round of counselling, filed writ petitions before this Court, which are still pending consideration. In some of the writ petitions, this Court has passed interim order directing the respondents to keep one post vacant. In some of the writ petitions, the respondent authorities pursuant to the direction of this Court, have constituted review committee for examination/assessment of the points raised before this Court. Hence on this ground also, some seats/posts have been kept vacant. He submits that due to pending litigation before this Court and representations before the review committee, and further due to non- availability of seats for the petitioners, the further process of their appointment is kept on hold till filing of the instant Reply. He further submits that after filing of writ petitions by various candidates, some of them, who were found eligible as per rules, have been issued appointment order. Lastly, he submits that candidature of the petitioners has not been rejected, rather on the aforesaid grounds, their selection/appointment has been kept on hold. 8 7. Learned counsel appearing for respondent No.3, who is a formal party in this case, has supported the contention raised by learned State counsel. 8. Heard learned counsel for the parties and perused the material available on record. 9. It is not in dispute that the petitioners successfully participated in the recruitment process pursuant to the advertisement issued by the respondent authorities for the post of Training Officer (Computer Operator & Programming Assistant), secured higher rank/meritorious position, they were called for documents verification and thereafter, were found eligible for appointment on the said post. However, despite that they were not issued appointment order till date and the same has been kept on hold only because of there being interim order passed by this Court in some of the writ petitions filed by the non-selected candidates for the said post. This Court in some of these writ petitions passed interim order directing the respondent authorities to keep one post vacant as has been contended by the learned State counsel in its Reply. However, this Reply is completely vague, no list of documents has been annexed along with the Reply to demonstrate as to in which case, such interim order has been passed by this Court. Even if, in some of the cases, any such interim order has been passed, then also on this ground alone, selection/appointment of the petitioners cannot be kept on hold or brushed aside. 9 10. At this stage, learned counsel for the petitioners contended that as per information obtained by the petitioners, there are about 52 posts of Training Officer (Computer Operator & Programming Assistant) of various categories, which are still lying vacant. She also informed the Court that as many as nine writ petitions filed by the petitioners, who belong to OBC category, for the post of Training Officer (Computer Operator & Programming Assistant), have already been disposed of by this Court. 11. It is well settled that a select-list candidate has no absolute right to appointment merely by virtue of being included in the select/merit list, particularly when the selection is subject to availability of vacancies and fulfillment of the prescribed conditions. However, the State is equally bound to act fairly, transparently and in accordance with the notified recruitment procedure and cannot arbitrarily ignore a candidate higher in merit while considering a candidate lower in merit for the same vacancy. 12. Having considered the aforesaid facts and submissions advanced on behalf of the parties, this Court is of the opinion that no useful purpose would be served in keeping these petitions pending, rather the ends of justice would be served if these petitions are disposed of directing the respondent authorities to consider the selection/appointment of the petitioners for the post of Training Officer (Computer Operator & Programming Assistant), after due verification of 10 their eligibility status in accordance with the recruitment rules and the conditions prescribed in the advertisement. 13. Accordingly, the instant writ petitions are disposed of with a direction to the respondent authorities to consider the petitioners’ case against the available vacancy for the post of Training Officer (Computer Operator & Programming Assistant) in their respective categories. If, upon such consideration, the petitioners are found to be the eligible and meritorious candidates and otherwise fulfill all prescribed conditions, then appropriate appointment order shall be issued in accordance with law. The interim order passed in the pending writ petitions shall not, by itself, operate to the prejudice of the petitioners, if they are found eligible/suitable as per recruitment rules and the conditions prescribed in the advertisement. The aforesaid exercise shall be completed within a period of ninety days from the date of receipt/production of certified copy of this order. 14. With the aforesaid observations and directions, the instant petitions stand disposed of. No order as to cost(s). 15. 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: 2026.09.29 14:22:22 +0530