1. Pankaj Kumar Bagde S/o Shri Prakash Rao Bagde Aged About 27 Years R/o v. 1. State of Chhattisgarh Through The Principal Secretary
Case Details
1 2025:CGHC:4166-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 656 of 2025 1. Pankaj Kumar Bagde S/o Shri Prakash Rao Bagde Aged About 27 Years R/o House No. 64, Near Janak Nandini Dharamshala, Station Ward, Bhatapara, Distt- Balodabazar, Chhattisgarh, 493118 2. Shashank Kumar S/o Ganesh Prasad Aged About 27 Years R/o House No. 04, Tehsil- Manpur, Post- Dokla, District- Rajnandgaon, C.G. 491229 --- Petitioner(s) versus 1. State of Chhattisgarh Through The Principal Secretary (Law), Department of Law, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh 2. Chhattisgarh Public Service Commission Through Its Secretary, Naya Raipur, District Raipur, Chhattisgarh 3. High Court Of Chhattisgarh Through Registrar General, Bilaspur, Chhattisgarh --- Respondent(s) WPS No. 643 of 2025 Mukesh Kumar Nirala S/o Shri Ramkrishna Nirala Aged About 36 Years R/o House No. 34, Near Police Ground, Police Line, Bilaspur, District Bilaspur, Chhattisgarh ---Petitioner(s) Versus BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.01.24 10:39:19 +0530 1. State of Chhattisgarh Through Secretary, Department of Law and Legislative Affairs, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur, Raipur, C.G. 2 2. The High Court of Chhattisgarh Through The Registrar General, Bodri, Bilaspur, District Bilaspur, Chhattisgarh 3. Chhattisgarh State Public Service Commission Through Its Secretary, North Block, Sector- 19 Nava Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh 4. The Secretary Government of Chhattisgarh, Department of Home, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District- Raipur, C.G. 5. Superintendent of Chhattisgarh Bilaspur, C.G. --- Respondent(s) WPS No. 644 of 2025 Kiran Komane D/o Shatruhan Aged About 33 Years Posted As Panchayat Secretary, R/o Ward No. 1 Bajrang Nagar Deewar Para Ke Aage, Sakri, District-Bilaspur (C.G.) ---Petitioner(s) Versus 1. State of Chhattisgarh Through The Secretary, Law and Legislative Department, Mantralaya Atal Nagar, New Raipur, District- Raipur (C.G.) 2. Chhattisgarh Public Service Commission Through The Secretary, Chhattisgarh Public Service Commission, North Block, Sector-19, Nawa Raipur, Atal Nagar, District-Raipur (C.G.) 3.
Legal Reasoning
High Court of Chhattisgarh Through The Registrar General, Bodri, Bilaspur, C.G. --- Respondent(s) WPS No. 649 of 2025 1.
Legal Reasoning
Kedar Nath Rajak S/o Shri Najar Lal Rajak, Aged About 36 Years, Working As Assistant Accountant (Initially Appointed As Ag Iii), District And Sessions Court, Bilaspur, C.G. 2. Ajay Rajak S/o Shri Najar Lal Rajak Aged About 33 Years Working As Assistant Grade Iii, District and Sessions Court, Bilaspur, C.G. 3. Gaurav Bhoi S/o Late Shri Kamlesh Kumar Aged About 25 Years Working As Court Peon, District And Sessions Court Bilaspur, C.G. 3 4. Vishv Kinkar Shukla S/o Shri Balbhdra Prasad Shukla Aged About 35 Years Presently Working As Assistant Grade Ii (Initially Appointed As Ag Iii), District And Sessions Court Bilaspur, C.G. 5. Smt. Kanti Mishra W/o Shri Ullas Mishra Aged About 36 Years Presently Working As Assistant Grade Ii (Initially Appointed As Ag Iii), District And Sessions Court Bilaspur, C.G. 6. Narayan Singh Marko S/o Late Shri Ram Kumar Marko Aged About 40 Years Working As Assistant Grade Iii, District And Sessions Court Bilaspur, C.G. 7. Satya Markam D/o Videshi Ram Markam Aged About 38 Years Presently Working As Assistant Grade Ii (Initially Appointed As Ag Iii), District And Sessions Court Bilaspur, C.G. 8. Vinod Kumar Kushwaha S/o Shri Shiv Prasad Khushwaha Aged About 36 Years Presently Working As Assistant Grade Iii, District And Sessions Court Bilaspur, C.G. 9. Lukesh Kumar Tiwari S/o Satanand Prasad Tiwari Aged About 38 Years Presently Working As Junior Nayab Najir (Initially Appointed As Ag Iii), District And Sessions Court Bilaspur, C.G. 10. Seema Banjare D/o Late Shri Sunder Lal Banjare Aged About 37 Years Presently Working As Assistant Grade Ii (Initially Appointed As Ag Iii), District And Sessions Court Bilaspur, C.G. 11. Smt. Leela Porte @ Leela Netam D/o Shri Rajkumar Netam Aged About 39 Years Presently Working As Assistant Grade Ii (Initially Appointed As Ag Iii), District And Sessions Court Bilaspur, C.G. 12. Jitendra Singh Porte S/o Shri Raghunandan Singh Porte Aged About 36 Years Presently Working As Assistant Grade Ii (Initially Appointed As Ag Iii), District And Sessions Court Bilaspur, C.G. 13. Amit Kumar Prajapati S/o Shri Dhaniram Prajapati Aged About 38 Years Presently Working As Assistant Grade Ii (Initially Appointed As Ag Iii), District And Sessions Court Bilaspur, C.G. 14. Priyanka Thakur D/o Shri Dharam Singh Thakur Aged About 25 Years Working As Stenographer (English), District And Sessions Court Bilaspur, C.G. ---Petitioner(s) Versus 4 1. State of Chhattisgarh Through Secretary, Department of Law And Legislative Affairs, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur (C.G.) 2. The High Court of Chhattisgarh Through The Registrar General, Bodri, Bilaspur, District Bilaspur, Chhattisgarh 3. Chhattisgarh State Public Service Commission Through Its Secretary, North Block, Sector-19 Nava Raipur, Atal Nagar, Raipur District Raipur (C.G.) 4. 5. 6. District and Sessions Judge, Bilaspur District Bilaspur, C.G. District And Sessions Judge, Bemetara District Bemetara, C.G. District And Sessions Judge, Dhamtari District Dhamtari, C.G. --- Respondent(s) WPS No. 652 of 2025 Ghanshyam Chandrakar S/o Babulal Chandrakar Aged About 35 Years Posted As Hostel Superintendent, Resident Of 3 Shivanya, Maharshi Kashyap Nagar, Birkona Road, Ashok Nagar, Near Sidhhi Muskan Marriage Hall, Birkona Road, Ashok Nagar, Sarkanda, District- Bilaspur, Chhattisgarh ---Petitioner(s) Versus 1. State of Chhattisgarh Through The Secretary, Law and Legislative Department, Mantralaya Atal Nagar, New Raipur, District- Raipur, Chhattisgarh 2. Chhattisgarh Public Service Commission Through The Secretary, Chhattisgarh Public Service Commission, North Block, Sector-19, Nawa Raipur, Atal Nagar, District- Raipur (Chhattisgarh) 3. High Court Of Chhattisgarh Through The Registrar General, Bodri, Bilaspur, Chhattisgarh --- Respondent(s) WPS No. 675 of 2025 1. Ankit Hora S/o Shri Balbir Singh Hora Aged About 29 Years Presently Working As Adppo, OfÏce Of Deputy Director Of 5 Prosecution, Raigarh Chhattisgarh, R/o Ward No. 16, Gurudwara Road, Kharsiya, P.S. Kharsiya, District - Raigarh Chhattisgarh 2. Anima Shukla W/o Dr. Pankaj Shukla Aged About 45 Years R/o Gurudwara Ward, District - Ambikapur Chhattisgarh Presently Working As Adppo, OfÏce Of Deputy Director Of Prosecution District Raipur Chhattisgarh 3. Deepak Kumar Chandrakar S/o Shri Chandrika Prasad Chandrkar Aged About 28 Years Presently Working As Adppo, OfÏce Of Deputy Director Of Prosecution, Raipur Chhattisgarh R/o Quarter No. 4d, Cross Street 03, Sector 06, Bhilai, District Durg Chhattisgarh 4. Shruti Kamble D/o P.K. Kamble Aged About 28 Years Presently Working As Adppo, OfÏce Of Deputy Director Of Prosecution, Surguja - Ambikapur, Chhattisgarh R/o House No. 2a, Road No. 73, Sector 6, Bhilai, District - Durg Chhattisgarh 5. Dulesh Mrig Sahu S/o Rohit Sahu Aged About 28 Years Presently Working As Adppo,ofÏce Of Deputy Director Of Prosecution, Durg Chhattisgarh R/o G 01, Nyayik Karmchari Awasiya Parisar, Bhatgaon, District - Balodabazar-Bhatapara Chhattisgarh 6. Abhishek Singh Uikey S/o Hiraman Lal Uikey Aged About 27 Years Presently Working As Adppo, OfÏce Of Deputy Director Of Prosecution, Jagdalpur, District - Bastar Chhattisgarh R/o Transit Hostel Room No. 21, Vrindavan Colony, Jagdalpur, District Bastar Chhattisgarh 7. Rahul Gupta S/o Narayan Prasad Gupta Aged About 27 Years Presently Working As Adppo, OfÏce Of Deputy Director Of Prosecution, Kunkuri, District - Jashpur Chhattisgarh R/o Shanti Nagar, Kansabel, District Jashpur Chhattisgarh 8. Bhavana Khatwani S/o Tarun Kumar Khatwani Aged About 28 Years Presently Working As Adppo, OfÏce Of Deputy Director Of Prosecution, Jagdalpur, District - Bastar Chhattisgarh R/o F-10, Dharampura No. 1, Near Doordarshan OfÏce, Jagdalpur, District Bastar Chhattisgarh 9. Durgesh Nandini Marawi D/o Shri Chain Singh Marawi Aged About 26 Years R/o Ward No. 46, Vijeta Complex, New Rajendra Nagar, 6 Telibandha, Raipur, District Raipur Chhattisgarh Presently Working As Adppo, OfÏce Of Deputy Director Of Prosecution, Raipur, District Raipur Chhattisgarh 10. Aarti Katakwar D/o Keshavlal Katakwar Aged About 30 Years R/o Village - Dhurkot, P.S. - Janjgir-Champa, District Janjgir-Champa Chhattisgarh, Presently Working As Adppo, OfÏce Of Deputy Director Of Prosecution, Jashpur, District Jashpur Chhattisgarh 11. Himalaya Ravi S/o Laluram Ravi Aged About 27 Years Presently Working As Assistant Public Prosecutor, Cbi, Acb, Imphal (Manipur) R/o Village - Sara Mansukh, P.S. Baikunthpur, District Koriya Chhattisgarh 12. Ku. Ishu Deshmukh D/o Shri Jai Jai Ram Deshmukh Aged About 29 Years Presently Working As Law OfÏcer Central Jail, Durg Chhattisgarh R/o Lig 487, Housing Board, Kohka, Bhilai, District - Durg Chhattisgarh 13. Sounak Verma S/o Dilip Verma Aged About 27 Years Presently Working As Assistant Public Prosecutor, Central Bureau Of Investigation, Kolkota (Wb) R/o Ward No. 09, Amapara, Ambagarh Chowki, District Rajnandgaon Chhattisgarh ---Petitioner(s) Versus 1. State of Chhattisgarh Through Principal Secretary, Law And Legislative Affair Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 2. Chhatisgarh Public Service Commission Through Its Secretary, North Block, Sector-19, Naya Raipur, District Raipur Chhattisgarh 3. High Court of Chhattisgarh Through Registrar General, Bodri, Bilaspur Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Prakant Sethi, Advocate in WPS No. 656 of 2025, Mr. Aman Tamboli, Advocate in WPS Nos. 643 of 2025 & 649 of 2025, Mr. Ujjawal Choubey, Advocate in WPS Nos. 644 of 2025 & 652 of 2025, Mr. Shalvik Tiwari, Advocate in WPS No. 675 of 2025. 7 For Respondent/State For Respondent No. 2 For Respondent No. 3 : : : Mr. Shashank Thakur, Deputy Advocate General. Mr. AnimeshTiwari, Advocate. Mr. Anurag Dayal Shrivastava, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge
Decision
Order on Board Per Ramesh Sinha , Chief Justice 23 .0 1 .202 5 1. Since common facts and issues are involved in all these petitions, they are being considered and decided together by this common order. 2. Heard Mr. Prakant Sethi, Mr. Aman Tamboli, Mr. Ujjwal Choubey and Mr. Shalvik Tiwari, learned counsel for the respective petitioner(s). Also heard Mr. Shashank Thakur, learned Deputy Advocate General, appearing for respondent/State, Mr. Animesh Tiwari, learned counsel, appearing for respondent-Chhattisgarh Public Service Commission and Mr. Anurag Dayal Shrivastava, learned counsel, appearing for respondent-High Court of Chhattisgarh. 3. The petitioners in WPS No. 656/2025 has prayed for the following relief(s): “10.1 This Hon’ble Court may kindly be pleased to call for the entire records in relation to the case of the petitioners from the respondents. 10.2 That this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby declaring the Rule 8 7(1) (c) of Rules, 2006 brought in by notification dated 05.07.2024, which was issued in exercise of powers conferred by proviso to Article 309 of the Constitution of India, as ultra vires to Articles 14 and 16 of the Constitution of India. 10.3 The Court may direct the respondents to relax the mandatory requirement of enrollment as Advocate with respect to the petitioners. 10.4 That this Hon’ble Court may kindly be pleased to strike down the clause (c) of sub-rule (1 of Rule 7) and impugned Clause (3)(iv)(b) of impugned advertisement dated 23.12.2024 published on 25.12.2024 and further be pleased to direct the respondent authorities to allow the petitioner to participate in the selection process for the post of Civil Judge (Junior Cadre), in accordance with law. 10.5 That this Hon’ble Court may kindly be pleased to pass such other and further orders as may be deemed fit and proper in the interest of justice.” 4. The petitioner in WPS No. 643/2025 has prayed for the following relief(s): “10.1 This Hon’ble Court may kindly be pleased to call for the records of the case. 10.2 This Hon’ble Court may kindly be pleased to quash the impugned amendment incorporated vide notification dated 05.-07.2024 by which new clause (c) has been substituted in place of already existing clasue (c) in sub-rule (1) of Rule 7 of the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006 being Ultra Vires to the Constitution and violative of Right vested proviso to Rule 7(1)(b) of the Chhattisgarh Lower Judicial Service 9 (Recruitment and Conditions of Service) Rules, 2006. 10.3. This Hon’ble Court may kindly be pleased to apply doctrine of severability to the impugned rule 7(1) (c), so as to quash/set aside/red down, the mandatory requirement of being enrolled as an Advocate under the provisions of the Advocates Act, 1961 to be able to participate in the Civil Judge Entry Level Exam. 10.4 This Hon’ble Court may kindly be pleased to direct the respondents to allow the petitioner to participate in the recruitment process initiated vide advertisement dated 23.12.2024 Annexure P/4 published on 25.12.2024 without getting enrolled as an Advocate under the provisions of the Advocates Act, 1961. 10.5 This Hon’ble Court may kindly be pleased to quash the impugned advertisement dated 23.12.2024 published on 25.12.2024 (Annexure P/4) being violative of right vested under Rule 7(1)(b) and the proviso thereto. 10.6 This Hon’ble Court may kindly be pleased to read down the provision entered in Rule 7(1)(c) in so far as government employees are concerned, which provides for mandatory requisite of enrollment as an Advocate as per Advocates Act, 1961. 10.7 This Hon’ble Court may kindly be pleased to grant other relief(s)/writ(s)/order(s) in favour of the petitioner, which deem fit & just in the facts & circumstances of the case. 10.8 Cost for the petition may also be awarded.” 5. The petitioner in WPS No. 644/2025 has prayed for the following relief(s): 10 “10.1 That this Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby declaring the Rule 7(1)(c) of Rules, 2006 brought in by notification dated 05.07.2024, which was issued in exercise of powers conferred by proviso to Article 309 of the Constitution of India, as ultra vires to Articles 14 & 16 of the Constitution of India. 10.2 That this Hon’ble Court may kindly be pleased to strike down the impugned Clause (3)(iv)(b) of impugned advertisement dated 23.12.2024 published on 25.12.2024 and further be pleased to direct the respondent authorities to allow the petitioner to participate in the selection process for the pose of Civil Judge (Junior Cadre), in accordance with law. 10.3 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.” 6. The petitioners in WPS No. 649/2025 has prayed for the following relief(s): “10.1 This Hon’ble Court may kindly be pleased to call for the records of the case. 10.2 This Hon’ble Court may kindly be pleased to quash the impugned amendment incorporated vide notification dated 05.-07.2024 by which new clause (c) has been substituted in place of already existing clasue (c) in sub-rule (1) of Rule 7 of the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006 being Ultra Vires to the Constitution and violative of Right vested proviso to Rule 7(1)(b) of the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006. 11 10.3. This Hon’ble Court may kindly be pleased to apply doctrine of severability to the impugned rule 7(1) (c), so as to quash/set aside/red down, the mandatory requirement of being enrolled as an Advocate under the provisions of the Advocates Act, 1961 to be able to participate in the Civil Judge Entry Level Exam. 10.4 This Hon’ble Court may kindly be pleased to direct the respondents to allow the petitioner to participate in the recruitment process initiated vide advertisement dated 23.12.2024 Annexure P/4 published on 25.12.2024 without getting enrolled as an Advocate under the provisions of the Advocates Act, 1961. 10.5 This Hon’ble Court may kindly be pleased to quash the impugned advertisement dated 23.12.2024 published on 25.12.2024 (Annexure P/4) being violative of right vested under Rule 7(1)(b) and the proviso thereto. 10.6 This Hon’ble Court may kindly be pleased to read down the provision entered in Rule 7(1)(c) in so far as government employees are concerned, which provides for mandatory requisite of enrollment as an Advocate as per Advocates Act, 1961. 10.7 This Hon’ble Court may kindly be pleased to grant other relief(s)/writ(s)/order(s) in favour of the petitioner, which deem fit & just in the facts & circumstances of the case. 10.8 Cost for the petition may also be awarded.” 7. The petitioner in WPS No. 652/2025 has prayed for the following relief(s): “10.1 That this Hon’ble Court may kindly be pleased to 12 issue an appropriate writ, thereby declaring the Rule 7(1)(c) of Rules, 2006 brought in by notification dated 05.07.2024, which was issued in exercise of powers conferred by proviso to Article 309 of the Constitution of India, as ultra vires to Articles 14 & 16 of the Constitution of India. 10.2 That this Hon’ble Court may kindly be pleased to strike down the impugned Clause (3)(iv)(b) of impugned advertisement dated 23.12.2024 published on 25.12.2024 and further be pleased to direct the respondent authorities to allow the petitioner to participate in the selection process for the pose of Civil Judge (Junior Cadre), in accordance with law. 10.3 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.” 8. The petitioners in WPS No. 675/2025 has prayed for the following relief(s): “10.1 That this Hon’ble Court may kindly be pleased to quash and set aside Rule 7(1)(c) of Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006 to the extent whereby eligibility condition for appointment to Civil Judge (Junior division) has been prescribes as “enrolled as an advocate under the Advocates Act, 1961 (No. 25 of 1961)”, as ultra vires to Articles 14 and 16 of the Constitution of India. 10.2 That this Hon’ble Court may kindly be pleased to quash/set aside the Notification No. F.No. 1415/1207, 1205, 1629/XXI-B/C.G./2024 dated 05.07.2024 (Annexure P/3) to the extent where by amendment has 13 been brought in Rule 7(1)(c) of Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006. 10.3 That this Hon’ble Court may kindly be pleased to quash/set aside the Clause (3)(iv)(b) of impugned advertisement dated 23.12.2024 published on 25.12.2024. 10.4 That this Hon’ble Court may kindly be pleased to pass such other and further orders as may be deemed fit and proper in the interest of justice.” 9. Learned counsel for the respective petitioner(s) submit that this Court, while issuing notices to the respondents, has passed an interim order in favour of the petitioner in WPS No. 608 of 2025 on 22.01.2025 wherein also, the issue is identical to that involved in the present cases and as such, they pray that similar interim order may be passed in favour of the petitioner(s) herein. 10. Learned counsel for the respondents do not controvert the above submission, however, they submit that since the issue involved in the present case is pending consideration before this Court in WPS No. 608 of 2025, and the interim order passed therein is in rem and not in personam as such, the petitioner(s) herein are already benefited by the said order and hence, there was no necessity for filing of the present petitions. 11. We have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 12. This Court, in WPS No. 608/2025, vide order dated 22.01.2025, while issuing notices to the respondents, had passed the following order: 14 “….The contention of the learned counsel for the petitioner appears to have some substance. In a selection process, the scope of the candidates for participation should not be narrowed down by imposing unwarranted conditions rather more candidates should be allowed to participate so that better qualified candidates may be selected. A candidate who is a Law Graduate, whether or not is enrolled as an Advocate, would hardly make any difference as he/she will also have to go through the same scrutiny which the other candidate, who is enrolled as an Advocate, has to go. Hence, prima facie, we are of the view that for the present, the petitioner shall be permitted to fill up her online form and in case she fulfills all the other criteria, she may be permitted to participate in the recruitment process. Since the last date for submission of online forms is 24.01.2025, we direct the respondent-Chhattisgarh Public Service Commission to extend the last date of submission of online form, preferably by one month from today. Further, purely as an interim measure, the respondent- Chhattisgarh Public Service Commission shall permit the candidates to fill their online forms even if they are not enrolled as an Advocate, under the Act of 1961. The said changes may be notified to the aspirants by way of a corrigendum to be published in widely circulated newspapers and other forms of media. However, the participation of the candidates in the recruitment process would be subject to the final outcome of this petition. It is also also made clear that this order would operate in rem and not in personam and even those candidates who have not approached this High Court seeking for the aforesaid relief, shall be permitted to avail the benefit of the present order. Further, we request the respondent-High Court of Chhattisgarh, to revisit the amendment brought in vide 15 Annexure P/1, in light of the judgments of the Apex Court, as aforesaid….” 13. Since we have already taken cognizance of the issue in WPS No.608/2025, which is the subject matter of the present petitions also, and the similarly situated candidates are already protected by the interim order dated 22.01.2025 passed in the said petition as the same being in rem, no fruitful purpose would be served if notices are issued to the respondents and the present petitions are kept pending as the candidature of all similarly situated candidates are subject to final outcome of WPS No. 608/2025. Hence, in order to avoid multiplicity of litigation, these petitions are disposed off at this stage reserving liberty to the petitioner(s) to take recourse to appropriate forum, as and when occasion arises. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Brijmohan