DEVENDRA KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner against the order dtd. 23/3/2013, Annexure P/1, which is the appointment order of respondent No.4 on the post of Revenue Sub Inspector (Unreserved) at Municipal Council, Bhatapara, and also for quashing his joining letter dtd. 1/8/2013 and prayed for following reliefs in the present writ petition:

(2.) Brief facts of the case are that, an advertisement for appointment on the post of Revenue Sub Inspector (one post for unreserved category) was published on 16/11/2012 by the Municipal Council Bhatapara, District Baloda Bazar Bhatapara. The other posts were also advertised by the said advertisement, however, in the present writ petition the post of Revenue Sub Inspector is the subject matter, therefore, only the post of Revenue Sub Inspector is being dealt with. The requisite qualification for the post of Revenue Sub Inspector was Graduation from any recognized University and having passed Post Graduate Diploma in Computer Application (PGDCA). The last date for submission of application was 6/12/2012. It was also condition in the advertisement that employees working as daily-wager/work-charged employees and temporary employees would be given preference on the basis of their length of service and they are required to submit the relevant certificate along with application form. Although a corrigendum was also issued and last date of submission of application form was extended up to 10/12/2012, but the said corrigendum was with respect to other posts of the advertisement.

(3.) The petitioner considering himself to be qualified for the said post of Revenue Sub Inspector, applied for the same and submitted his application form on 4/12/2012 alongwith all requisite documents under the advertisement. After last date of submission of application form, when the list of eligible and ineligible candidates were published by the Municipal Council, Bhatapara, the name of petitioner does not find place either in the list of eligible or ineligible candidates. Subsequently, the petitioner came to know about the appointment order dtd. 23/3/2013 in which it was mentioned that after recommendation of District Selection Committee on its meeting dtd. 15/3/2013, interview was conducted. Since the petitioner was also one of the aspirant and his name also did not find place in the list of eligible/ineligible candidates, he made efforts to get the details of his application form then he came to know that his application form was suppressed by the respondent authorities showing it to be misplaced. When he filed an application on 3/10/2013 under Right to Information Act, 2005, for disclosure of information, the copy of the application form of the petitioner was supplied to him which proved that petitioner had duly submitted his application form within time along with all relevant documents, yet his name has not been find place in the list of candidates. The petitioner was most suitable candidates and eligible for appointment on the said post, but his candidature was deprived by the authorities concerned by suppressing his application form. The petitioner also came to know that the selection of respondent No.4 was in a discriminatory manner as father of respondent No.4 namely J.B.S. Chauhan was the Chief Municipal Officer (in short, CMO) at the same office i.e. Municipal Council Bhatapara at the time when the advertisement was issued, however, before issuance of impugned recommendation order, he was transferred from Bhatapara and there was every chance of tainted selection respondent No.4 influenced to the members of selection committee. He also came to know that the respondent No.4 has submitted his experience certificate allegedly obtained from Municipal Council Kumhari where his father was posted and he himself issued the said experience certificate of his son/respondent No.4 without having any actual experience of work. Thus, considering arbitrariness in the recruitment process, he filed the present writ petition claiming the aforesaid reliefs.