Raipur, Chhattisgarh v. 1 - State Of Chhattisgarh Through The Secretary, Department Of Med
Case Details
BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.09.12 18:38:59 +0530 1 2025:CGHC:46687-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4830 of 2022 1 - Smt. Archana Jacob Wife of Abhishek Jacob Aged About 43 Years Posted As Assistant Professor, Government College Of Nursing, Raipur, District : Raipur, Chhattisgarh 2 - Smt. Jayanti Wife of Gopu G. Aged About 39 Years Posted As Assistant Professor, Government College Of Nursing, Raipur, District : Raipur, Chhattisgarh --- Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Medical Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 2 - Secretary Department Of General Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 3 - Director Office Of Directorate, Medical Education, Old Nurses Hostel, D.K.S. Bhawan Campus, Raipur, District : Raipur, Chhattisgarh 4 - Chhattisgarh Public Service Commission Through Its Secretrary, Chhattisgarh Public Service Commission, North Block, Sector-19, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh WPS No. 5280 of 2022 --- Respondents Dr Uma Shendey W/o G. K. Shendey Aged About 53 Years Posted As Professor, Government College Of Nursing, Rajnandgaon, District Rajnandgaon Chhattisgarh ---Petitioners Versus 1 - State of Chhattisgarh Through The Secretary, Department Of Medical Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 2 - Secretary Department Of General Administration, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 3 - Director Office Of Directorate, Medical Education, Old Nurses Hostel, D. K. S. Bhawan Campus, Raipur, District Raipur Chhattisgarh 4 - Chhattisgarh Public Service Commission Through Its Secretary, Chhattisgarh Public Service Commission, North Block, Sector-19, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh --- Respondents For Petitioners For Respondents/State : :
Legal Reasoning
Mr. Shikhar Sharma, Advocate Mr. Sangharsh Pandey, GA For Respondent No.4/PSC : Mr. Anand Mohan Tiwari, Advocate and Dr. Sudeep Agrawal, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge
Decision
Order on Board Per Ramesh Sinha , Chief Justice 12.09.2025 1. Heard Mr. Shikhar Sharma, learned counsel for the petitioners. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State / respondent Nos. 1 to 3 and Mr. Anand Mohan Tiwari as well as Dr. Sudeep Agrawal, learned counsel appearing for respondent No.4 / PSC. 2. Since in both these petitions, common questions of law and facts are involved, they are clubbed and heard together and being disposed of by this common order. 3. WPS No. 4830 of 2022 has been filed by the petitioners, namely, 3 Smt. Archana Jacob and Smt. Jayanti, seeking following reliefs :- “10.1 That, this Hon'ble Court may be pleased to call for the entire record pertaining to the instant case in respect of recruitment to post of Associate Professor as well as issuance of impugned notification dated 07.09.2013 (Annexure P-1) and notification dated 10.12.2021 (Annexure P-7). 10.2 That, this Hon'ble Court may be pleased to direct the respondents authorities to immediately implement the notification dated 10.12.2021 (vide Annexure P/7) by which the Stage Government has relaxed the rules i.e. Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 and decided to fill up the post of Associate Professor and Professor as a onetime measure by way of direct recruitment through Chhattisgarh Public Service Commission and also direct the authorities to immediately fill up the post of Associate Professor and Professor by way tore recruitment. 10.3 That, this Hon'ble Court may be pleased to further direct the respondent authority to not fill up the post of Associate Professor and/or Professor by mode of promotion to the departmental candidates till filling up of the said post by way of direct recruitment as per notification dated 10.12.2021. 10.4 That, this Hon'ble Court may be pleased to issue an appropriate writs/writ, directions/direction, orders/order, declaring the notification dated 07.09.2013 by which Schedule II of SI. No. 116 & 117 of the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 has been amended and substituted the mode of recruitment to the post of 4 Professor and Associate Professor by way of 100% promotion instead of 100% direct recruitment as a ultra vires and further directed the State Government to provide the proper quota/percentage for filling up the post of Associate Professor and Professor in Nursing collage by way of direct recruitment in the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 at per with the post of Associate Professor and Demonstrator. 10.5 That, this Hon'ble Court be pleased to hold that non providing the appointment by way of direct recruitment to the post of Associate Professor and Professor in Nursing Collage under the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 is violation of Article 14, 16 and 21 of the constitution of India as well as fundamental rights. 10.6 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case.” 4. WPS No. 5280 of 2022 has been filed by the petitioner, namely, Dr. Uma Shendey, seeking following reliefs :- “10.1 That, this Hon'ble Court may be pleased to call for the entire record pertaining to the instant case in respect of recruitment to post of Professor as well as issuance of impugned notification dated 07.09.2013 (Annexure P-1) and notification dated 10.12.2021 (Annexure P-78. 10.2 That, this Hon'ble Court may be pleased to direct the respondents authorities to immediately implement the notification dated 10.12.2021 (vide Annexure P/8) 5 by which the Stage Government has relaxed the rules i.e. Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 and decided to fill up the post of Associate Professor and Professor as a onetime measure by way of direct recruitment through Chhattisgarh Public Service Commission and also direct the authorities to immediately fill up the post of Professor by way direct recruitment. 10.3 That, this Hon'ble Court may be pleased to further direct the respondent authority to not fill up the post of Professor by mode of promotion to the departmental candidates till filling up of the said post by way of direct recruitment as per notification dated 10.12.2021. 10.4 That, this Hon'ble Court may be pleased to issue an appropriate writs/writ, directions/direction, orders/order, declaring the notification dated 07.09.2013 by which Schedule II of SI. No. 116 & 117 of the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 has been amended and substituted the mode of recruitment to the post of Professor and Associate Professor by way of 100% promotion instead of 100% direct recruitment as a ultra vires and further directed the State Government to provide the proper quota/percentage for filling up the post of Associate Professor and Professor in Nursing collage by way of direct recruitment in the Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules, 2013 at per with the post of Associate Professor and Demonstrator. 10.5 That, this Hon'ble Court be pleased to hold that non providing the appointment by way of direct recruitment to the post of Associate Professor and Professor in Nursing Collage under the Chhattisgarh 6 Medical Education (Gazetted) Service Recruitment Rules, 2013 is violation of Article 14, 16 and 21 of the constitution of India as well as fundamental rights. 10.6 That, this Hon’ble Court may be pleased to issue an appropriate writs/ writ, directions/ direction, orders/ order by directing the respondent authorities to give age relaxation to the petitioner in relation to the work, she is continuously doing the respondent department, while taking into consideration the regular appointment of the petitioner in the respondent department. 10.7 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case.” 5. In the light of order passed by this Court in WPS No. 93/2022 (Dr. Shashikala Kosam and 3 others Vs. State of Chhattisgarh and 4 others) and batch of petitions decided on 12.09.2025, whereby the Notification No.F-3-71/2021/55 dated 10.12.2021 (Annexure P-1) issued by the Deputy Secretary, Medical Education Department has been set aside, nothing remains for adjudication in these writ petitions. 6. Accordingly, the writ petitions stand dismissed. Sd/- Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Sd/- Judge Chief Justice Bablu