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2026 DAILYLAW 4046 (CHH)

AAKASH VERMA v. STATE OF CHHATTISGARH

WPS/4072/2021 · 2026-04-06

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:15716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPURs WPS No. 4072 of 2021  Aakash Verma S/o Late Anil Verma Aged About 32 Years R/o Besides Shriram Hospital Sattipara Ambikapur District Surguja (Chhattisgarh) ... Petitioner versus 1. State Of Chhattisgarh Through Secretary Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan Raipur (Chhattisgarh) 2. Deputy Director National Health Mission Program Chhattisgarh, Atal Nagar, New Raipur District Raipur (Chhattisgarh) 3. Chief Medical Officer And Health Officer Ambikapur, District Surguja (Chhattisgarh) 4. The Collector Surguja / President District Health Committee / Selection Committee, Collector Office Ambikapur, District Surguja (Chhattisgarh) ... Respondent(s) For Petitioner : Mr. Nishikant Sinha, Advocate For State : Mr. Abhishek Singh, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07.04 .2026 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to direct the respondents to call for the entire records pertaining to case of the petitioner. 10.2 That this Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction and quash, set aside the remark against the petitioner in the impugned list (ANNEXURE P/7) Final Selection List dated 21.06.2021 and direct the respondent to give 10 marks of experience to SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.04.08 16:31:17 +0530 2 petitioner. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondents to consider the case of petitioner as qualified candidate for the post of Secretarial Assistant of the and issue appointment order in the name petitioner, in accordance with rules and law. 10.4 Any other relief (s) that this Hon'ble Court may deem fit to grant in the facts and circumstances of this case.” 2. The facts in brief are that the petitioner applied for post of Secretarial Assistant pursuant to an advertisement issued on 07.12.2020. Required qualification for the said post was Graduation from recognized University along with diploma in computer application. Initially, advertisement was issued for post of Data Entry Operator and nomenclature was changed to Secretarial Assistant. Clause 3.4 of the advertisement would show that the candidates would be entitled to get marks against experience, if a candidate has worked in Government or Semi-Government or Government aided institution on the post applied for. 3. The petitioner applied for said post, he qualified the exam, but he was not extended marks against the experience certificate. The objection raised by the petitioner and the documents submitted were also rejected. 4. Mr. Sinha would submit that at the relevant time, petitioner was a part time Lecturer working with Government Polytechnic College, Surajpur and he also worked as Data Entry Operator and certificates have been issued in this regard by the Principal of said institution on 01.06.2021, but the selection committee discarded those documents. He would submit that a candidate has already been selected and appointed against the said post. 5. On the other hand, Mr. Abhishek Singh would submit that the petitioner was 3 working as a part time Lecturer and he was never appointed as Data Entry Operator and according to one of the conditions enumerated in the advertisement, the candidate should have experience of applied post. He would submit that instant petition deserves to be dismissed. 6. I have heard learned counsel for the parties and perused the documents placed on record. 7. The petitioner applied for post of Secretarial Assistant. Clause 3.4 deals with the final select list and award of marks for experience and same is reproduced herein-below :- “3.4 म चयन च न न  आर पर बनई  - 100  * क     क क   क - 85   क * भव 10/15 क * भव 10/15 क  प क  क ! व "। (ए.एच.ए . छ'"(  ") क )र +,-. क ( /क व0)  3 क) क 15 क -  +,-. क ( /क व0)  2 क) क 10 क) * 1 क   क क एव भव क क क " क आ र पर 3रट 1च  र क5 ! व"। * भव  प6 ( आव7 प   ) क वल  क5, 9) क5 एव  क5 व'     :- आ क   " । प   भव  पर  + -; क   र भव क   क !  " ।" 8. The petitioner has placed on record two experience certificates. First one was issued by the Principal of Government Polytechnic College, Surajpur on 01.06.2021, wherein, it is stated that the petitioner was appointed as part time Lecturer and in addition he has worked as Data Entry Operator and Computer Operator. On same date, another certificate was issued by the Principal Government Polytechnic College, Korea Baikunthpur, wherein, it is stated that the petitioner worked for a period from 28.09.2012 to 4 30.06.2013 as part time Lecturer along with computer related job. 9. In both the experience certificates, it is no-where stated that the petitioner was ever appointed against the post of Computer Operator or Data Entry Operator rather he was appointed as part time Lecturer, but he was performing job of Computer Operator and Data Entry Operator in addition, whereas, according to Clause 3.4 of the advertisement, a candidate should have experience of the applied post. Further, the petitioner has not impleaded selected candidate as party respondent and also failed to challenge his order of appointment. 10. Taking into consideration the fact that the petitioner was never engaged or appointed on the post of Data Entry Operator or Computer Operator, the advertisement for contractual appointment on the post of Secretarial Assistant was issued in the year 2020, he failed to implead selected candidate and also failed to challenge his order of appointment, I do not find any good ground to entertain this petition. Accordingly, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant