Kailash Yadav S/ Shri Sawant Ram Aged About 29 Years Unemployed R/o Ward No v. 1 - State Of Chhattisgarh Through The Secretary Home Ministry, Mantralaya, Naya Raipur
Case Details
1 2025:CGHC:17808-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2568 of 2025 Kailash Yadav S/ Shri Sawant Ram Aged About 29 Years Unemployed R/o Ward No. 19, Tikrapara, Khairagarh, District- Khairagarh-Chhuikhadan- Gandai, Pin Code- 491881 (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Home Ministry, Mantralaya, Naya Raipur (C.G.) 492002 2 - The Director General Of Police Chhattisgarh Police Headquarter, Nawa Raipur- 492002 (C.G.) 3 - The Inspector General Of Police Rajnandgaon Range, Rajnandgaon - 491440 ... Respondent(s) For Petitioner(s)
Legal Reasoning
: Mr. B.P.Rao and Mr. F.S.Khare, Advocates. For Respondent(s) : Mr. Y.S.Thakur, Additional Advocate General. Hon'ble Shri Hon'ble Ramesh Sinha, Shri Arvind Kumar Verma Chief Justice , Judge Judgment on Board Per Ramesh Sinha, Chief Justice 21/04/2025 1 Proceedings of this matter have been taken through video conferencing. 2 2 3 Heard Mr. B.P.Rao, learned counsel for the petitioner as well as Mr. Y.S.Thakur, Additional Advocate General for the State/respondents. The petitioner has prayed for the following relief(s): “10.1 That, the Hon'ble Court be pleased to call for entire records from the Respondents for its kind perusal and to decide the instant Writ Petition. 10.2 That, the Hon'ble Court be pleased to declare the Schedule II of the Chhattisgarh Police Executive Force, Constable (Recruitment and Conditions of Service) Rules 2007 (P-14) qua the passing of Educational Qualification from School/Colleges located in Chhattisgarh / Madhya Pradesh only as arbitrary, irrational and ultra vires to the provisions of the constitution of India for abridging the fundamental rights of the aspiring candidates including the Petitioner as guaranteed under Article 14 & 16 of the Constitution of India and discrimination with other domicile candidates including Petitioner who possess Educational Qualifications from other neighboring States. 10.3 That, the Hon'ble Court be pleased to declare that the Respondent State Government can not put such residential conditions or conditions based on geographical requirement of acquiring of qualification from State Institutions from the candidates/aspirants of public employment in the State unless a Parliamentary enactments is in place. 10.4 That, the Hon'ble Court be pleased to declare virus the Para 6 of the Employment Notice dated 20.10.2023 (P-1) qua the passing of Educational Qualification from School/Colleges located in Chhattisgarh / Madhya Pradesh because it creates bar as well as discrimination and in violation of Article 14 & 16 of the Constitution of India with other domicile candidates who possess Educational Qualifications from other neighboring States. 10.5 That, the Hon'ble Court be pleased to quash and set aside the OfÏcial Letter dated 8.12.2024 (P-11) in the interest of justice. 10.6 That, the Hon'ble Court be pleased to pass an Order, directing the Respondents to allow the Petitioner in Selection Process for the post of Constable (GD) i.e, allowing him in Body Measurement, Physical EfÏciency Test and Written Test etc for his selection to the applied post of Constable (GD) in the interest of justice.” 4 The facts of the case, in brief, as projected by the petitioner are that the respondents Police Department issued Employment Notice on 20.10.2023 and invited application from willing and eligible candidates for number of vacancies for the Post of Constable (GD), Constable 3 (Driver) & Constable (Trade-Tailor, Dhobi, Mochi, Water Carrier, Masson, Cook, Electrician, Barber, Sweeper, D.R, etc) in various Police Districts/Units of Chhattisgarh including 213 Posts for Mohla-Manpur- Ambagarh Chowki Unit. 5 The petitioner was born in Chhattisgarh and after passing 12th Class, registered his name in the Employment Exchange at Rajnandgaon, he is having Domicile Certificate of Chhattisgarh, OBC Certificate, Aadhar Card, and Voter Identity Card, and Ration Card issued by various authorities of Chhattisgarh. As the petitioner belongs to a very poor family, his father in search of employment went to Maharashtra for 3-4 years where the petitioner passed 10th Class from Maharashtra State Board of Secondary and Higher Secondary Education, Pune in March 2012. In 2014, the petitioner passed 12th class from the same Board. 6 According to Mr. Rao, the petitioner fulfills all the eligibility criteria and as such, submitted his application for Constable (GD) for Mohala Manpur Ambagarh Chowki Police Unit. The respondents issued call letter for document verification, physical fitness and physical efÏciency test etc. scheduled on 25.11.2024 at 8th Battalion, CGAF Rajnandgaon. The petitioner duly appeared before the Selection Committee for document verification process in time. However, the authority verifying the documents, on finding that the petitioner had passed Class 10th and 12th from Maharashtra State Board, has orally declared him ineligible and not allowed for body measurement and physical efÏciency test. As such, the petitioner submitted his representation that he belongs to State of Chhattisgarh but due to poor financial condition his father went to Maharastra for earning there on daily wages therefore he completed 10th and 12th Class studies in Maharashtra, and requested for allowing him 4 for body measurement and physical efÏciency test, but the respondents vide their OfÏcial Letter No.Pu.A.Raj/Stha/M/36/24, dated 08.12.2024, replied the petitioner that as he passed 10th and 12th from Maharashtra i.e, the institutions out of Chhattisgarh, as such he is ineligible. 7 According to Mr. Rao, the condition of passing Class 10th and 12th either from the State of Chhattisgarh or Madhya Pradesh is arbitrary, discriminatory and has no nexus with the recruitment process. The petitioner is a domicile of Chhattisgarh but merely on the ground that the has passed Class 10th and 12th from Maharashtra State Board, cannot make him ineligible from participating in the recruitment process. 8 On the other hand, Mr. Y.S.Thakur, learned Additional Advocate General appearing for the State/respondents submits that the petitioner had participated in the recruitment process with an open eye and knowing fully well that he was not eligible to participate. Had the petitioner some real grievance, he could have objected to the condition of passing Class 10th and 12th from the State of Chhattisgarh / Madhya Pradesh before participating in the recruitment process. The employment notification (Annexure P/1) clause 6 clearly states that the candidate is required to have passed Class 10th or 12th either from the institutions situated in the State of Chhattisgarh or Madhya Pradesh. Despite knowing this fact, the petitioner has participated and when he has been disqualified, this petition has been filed seeking the said clause to be declared ultra vires. 9 We have heard learned counsel for the parties, perused the pleadings and the documents appended thereto. 10 Clause 6 of the employment notice (Annexure P/1), which is of utmost importance, reads as under: 5 “6- 'kS{kf.kd vgZrk&10$2 iz.kkyh ds varxZr 10ohsa d{kk vFkok gk;j lsds.Mjh vFkok led{k ijh{kk NRrhlx< @ e/;izns’k jkT; fLFkr fo|ky; @ egkfo+|ky; ls mRrh.kZ gksuk pkfg,A dsoy vuqlwfpr tutkfr ds mEehnokj 8oha d{kk mRrh.kZ gksus ij Hkh ik= gksaxsA uDly izHkkfor {ks=ksa esa uDly ihfMr ifjokj rFkk jkgr f’kfojksa esa fuokljr ifjokj ls lacaf/kr lHkh Js.kh ds vH;FkhZ tks 5oha d{kk mRrh.kZ gksa] Hkh ik= gksaxsA” 11 The language used in the aforesaid clause is quite clear and unambiguous. There is a clear mention that the candidate should have passed his class 10th or 12th from any institution situated in the State of Chhattisgarh or Madhya Pradesh. It is the own case of the petitioner that he had passed Class 10th and 12th from the Maharashtra State Board of Examination, Pune and as such, he does not fulfill clause 6 of the employment notice and is ineligible. The petitioner duly knowing the aforesaid fact participated in the recruitment process and at the time of body measurement and physical efÏciency test, when this fact came to the knowledge of the respondent authorities, the petitioner has been debarred from participating in further rounds of recruitment. The
Decision
employment notice was issued on 20.10.2023 and the writ petition has been filed by the petitioner on 01.04.2025 at a much belated stage. The recruitment process is going on and number of candidates have participated and have undergone the same scrutiny and as such, no such relief as prayed for by the petitioner can be granted in the mid way to frustrate the entire recruitment process. We do not find any illegality or irregularity in the action of the respondent authorities and as such, this petition being devoid of merit, is accordingly dismissed. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.04.24 13:20:11 +0530