Ravi Tiwari S/o Rampol Tiwari Aged About 33 Years R/o 5 N, Street 12 v. 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development Department
Case Details
1 2025:CGHC:32210 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3571 of 2025 Ravi Tiwari S/o Rampol Tiwari Aged About 33 Years R/o 5 N, Street 12, Bhilai Nagar, Civic Center, Bhilai, Dist Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development Department, Mahanadi Bhavan, Mantralaya, Naya Raipur, District Raipur, C.G. 2 - Under Secretary Department Of Panchayat And Rural Development Department, Mahanadi Bhavan, Mantralaya, Naya Raipur, District Raipur, C.G. 3 - Engineer In Chief Department Of Rural Engineering Services, Vikas Bhawan, Sector 19, Nava Raipur, Dist Raipur, Chhattisgarh. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.07.11 18:14:29 +0530 4 - B. Chnadrashekhar Presently Posted As Sub Engineer Rural Engineering Services, Raigarh Distt. Raigarh Chhattisgarh. 5 - Ravi Shankar Sahis Presently Posted As Sub Engineer Rural Engineering Services, Balrampur, Distt. Balrampur, Chhattisgarh 6 - Manish Dev Jain Presently Posted As Sub Engineer Rural Engineering Services, Ambikapur Distt. Sarguja, Chhattisgarh 7 - Sagar Marchattikar Presently Posted As Sub Engineer Rural Durg Chhattisgarh Engineering Services, Durg, Distt. 8 - Pallavi Bhardwaj Presently Posted As Sub Engineer Rural Engineering Services, Bilaspur, Distt. Bilaspur, Chhattisgarh 9 - Shahina Anjum Khan Presently Posted As Sub Engineer Rural 2 Engineering Services, Baloda, Distt. Baloda Bazar, Chhattisgarh 10 - Shafak Siddiqui Presently Posted As Sub Engineer Rural Chhattisgarh Engineering Services, Bastar, Bastar, Distt. 11 - Jyoti Kujur Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Bhatapara Distt. Baloda Bazar Chhattisgarh 12 - Hempushpa Patel Presently Posted As Sub Engineer Rural Engineering Services, Jagdalpur, Distt. Bastar, Chhattisgarh 13 - Muvish Lahre Presently Posted As Sub Engineer Rural Chhattisgarh Engineering Services, Bijapur, Bijapur, Distt. 14 - Raj Kishor Kapil Presently Posted As Sub Engineer Rural Engineering Services, Kawardha, Distt. Kabirdham, Chhattisgarh 15 - Praveen Kumar Singh Presently Posted As Sub Engineer Rural Engineering Services, Surajpur, Distt. Surajpur, Chhattisgarh 16 - Raj Kishore Tigga Presently Posted As Sub Engineer Rural Engineering Services, Ambikapur, Distt. Sarguja, Chhattisgarh 17 - Arun Kumar Birje Presently Posted As Sub Engineer Rural Engineering Services, Rajpur, Distt. Balrampur, Chhattisgarh 18 - Dinesh Kumar Singh Presently Posted As Sub Engineer Rural Engineering Services, Janpad Panchayat Pondi Uprora, Distt. Korba, Chhattisgarh 19 - Manoj Kumar Markam Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Bagicha Distt. Jaspur Chhattisgarh 20 - Mohammad Farhan Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Surajpur, Distt. Surajpur, Chhattisgarh 21 - Heman Bhushan Dhariya Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Narharpur, Distt. Kanker, Chhattisgarh 22 - Chhatrapal Sahu Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Kawardha, Distt. Kabirdham Chhattisgarh 23 - Bhimdev Kurre Presently Posted As Sub Engineer Rural Chhattisgarh Engineering Services, Korba, Korba, Distt. 3 24 - Bindu Dansena Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Pusaur Distt. Raigarh Chhattisgarh 25 - Gitanjali Sahu Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Raipur (Dharsiwa), Distt. Chhattisgarh Dhamtari, 26 - Manjari Behra Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Raigarh, Distt. Raigarh Chhattisgarh 27 - Anjula Kanwar Presently Posted As Sub Engineer Rural Engineering Services, Bemetara, Distt. Bemetara Chhattisgarh 28 - Yashkwat Jyoti Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Gurur, Distt Balod, Chhattisgarh 29 - Neelam Sen Presently Posted As Sub Engineer Rural Engineering Chhattisgarh Services, Rajnandgaon, Rajnandgaon, Distt 30 - Shraddha Kushwaha Presently Posted As Sub Engineer Rural Engineering Services, Collectorate Parisar Raipur, Distt Raipur, Chhattisgarh 31 - Vinay Kumar Dewangan Presently Posted As Sub Engineer Rural Engineering Services, Dhamtari, Distt. Dhamtari, Chhattisgarh 32 - Pramod Kumar Nirmalkal Presently Posted As Sub Engineer Rural Engineering Services, Baloda Bazar, Distt. Balodabazar Chhattisgarh 33 - Manvendra Kumar Singh Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Surajpur, Distt. Surajpur, Chhattisgarh 34 - Kamlesh Kumar Chandrakar Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Ambikapur, Distt. Sarguja Chhattisgarh 35 - Virendra Kumar Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Ambikapur, Distt. Sarguja, Chhattisgarh 36 - Alok Khobragade Presently Posted As Sub Engineer Rural Engineering Services, Rajnandgaon, Distt. Rajnandgaon, Chhattisgarh 37 - Dharmendra Kumar Saw Presently Posted As Sub Engineer Rural 4 Engineering Services, Janpad Panchayat Raigarh, Distt. Raigarh Chhattisgarh 38 - Amitesh Gupta Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Narayanpur Distt. Narayanpur Chhattisgarh 39 - Aditya Chandrakar Presently Posted As Sub Engineer Rural Raipur Chhattisgarh Engineering Services, Raipur, Distt. 40 - Mohan Netam Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Dhamtari, Distt. Dhamtari Chhattisgarh 41 - Zeeshan Kazi Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Katghora, Distt. Korba Chhattisgarh 42 - Vividh Kumar Singh Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Chhindgar, Distt. Sukma Chhattisgarh 43 - Avinash Raj Sinha Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Pratappur, Distt. Surajpur, Chhattisgarh 44 - Vibhor Sahu Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Sahaspur Lohara Distt. Kabirdham Chhattisgarh 45 - Anil Kumar Banjare Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Saraipali, Distt. Mahasamund, Chhattisgarh 46 - Pradeep Kumar Baghel Presently Posted As Sub Engineer Rural Engineering Services, Janpad Panchayat Chhindgar Distt. Sukma Chhattisgarh 47 - Sandeep Markam Presently Posted As Sub Engineer Rural Engineering Services, Janpad Panchayat Konta, Distt. Sukma Chhattisgarh 48 - Ganga Kaushik Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Balod, Distt. Balod Chhattisgarh 49 - Krishna Singha Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Donda, Distt. Balod Chhattisgarh 5 50 - Tulika Sharma Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Baikunthpur Chhattisgarh 51 - Varsha Patel Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Dogargaon, Distt. Rajnandgaon Chhattisgarh 52 - Renu Sharma Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Bastar, Distt. Bastar Chhattisgarh 53 - Lata Hasti Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Kawardha Distt. Kabirdham Chhattisgarh 54 - Kirti Jaiswal Presently Posted As Sub Engineer Rural Engineering Services, Janpad Panchayat Sonhat, Distt. Koriya Chhattisgarh 55 - Varsha Dubey Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Masturi, Distt. Mungeli, Chhattisgarh 56 - Sangeeta Patel Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Baramkela Distt. Raigarh Chhattisgarh 57 - Lakshmi Chandrakar Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Khairagarh, Distt. Rajnandgaon Chhattisgarh 58 - Yogeshwari Sahu Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Kanker, Distt. Kanker Chhattisgarh 59 - Monika Chandrakar Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Raipur (Mukhyalay) Distt. Raipur Chhattisgarh 60 - Akanksha Singh Presently Posted As Sub Engineer Rural Engineering Services, Kawardha, Distt. Kabirdham Chhattisgarh 61 - Santoshi Patel Presently Posted As Sub Engineer Rural Raigarh Chhattisgarh Raigarh Distt. Engineering Services, 62 - Keshu Chandrakar Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Kawardha, Distt. Kabirdham Chhattisgarh 63 - Salini Luv Toppo Presently Posted As Sub Engineer Rural 6 Engineering Services, Surajpur Distt. Surajpur Chhattisgarh 64 - Abhishek Bhardwaj Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Chhura, Distt. Gariaband Chhattisgarh 65 - Evin Varghese Presently Posted As Sub Engineer Rural Engineering Services, Surajpur, Distt. Surajpur Chhattisgarh 66 - Tamradhwaj Patel Presently Posted As Sub Engineer Rural Engineering Services, Surajpur, Distt. Surajpur Chhattisgarh 67 - Praveen Tiwari Presently Posted As Sub Engineer Rural Engineering Services, Bemetara Distt Bemetara Chhattisgarh 68 - Devesh Kumar Kherkar Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Tokapal Distt. Bastar Chhattisgarh 69 - Vasudev Dhorte Presently Posted As Sub Engineer Rural Engineering Services, Janjgir Champa, Distt. Janjgir Champa Chhattisgarh 70 - Rakhi Patel Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Baloda Distt. Janjgir-Champa Chhattisgarh 71 - Lalita Bandrakar Presently Posted As Sub Engineer Rural Engineering Services, Sub Division Dhamtari, Distt. Dhamtari Chhattisgarh 72 - Naseeb Kumar Kosle Presently Posted As Sub Engineer Rural Raipur Chhattisgarh Engineering Services, Raipur, Distt. 73 - Ramsaroj Soni Presently Posted As Sub Engineer Rural Engineering Services, Raipur, Distt. Raipur Chhattisgarh. ---- Respondents
Legal Reasoning
For Petitioner : Mr. Waquar Naiyer, Advocate For State : Mr. Praveen Das, Dy. A.G. 7 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 11/07/2025 Heard. 1. This writ petition has been filed by the petitioner on the following relief(s) : “10.1 This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the possession of the respondents for its kind perusal. 10.2) That, the Hon'ble Court may kindly be pleased to issue a writ of quo warranto against the private respondents holding post of the Sub Engineer (Civil), Rural Engineering services under the Department of Panchayat and Rural Development, thereby declaring that they are not eligible to hold the said post. 10.3) That, the Hon'ble Court may kindly be pleased to issue appropriate writ/direction/order to the State Government to take necessary steps to cancel or debar the private respondent no 4 to 73 from working in the post of the Sub Engineer (Civil), Rural Engineering services under the Department of 8 Panchayat and Rural Development, in the interest of justice. 10.4) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Counsel for the petitioner contended that the petitioner has preferred the instant petition in the nature of quo warranto under Article 226 of the Constitution of India, challenging the legality and validity of the selections of private respondents who are presently holding the post of Sub Engineer (Civil) under the Department of Panchayat and Rural Development, despite of being ineligible at the time of their selection. An advertisement was floated for the recruitment to the vacant posts of Sub Engineer (Civil) under the Department of Panchayat and Rural Development on 23.02.2011. The application process began from 28.02.2011 and closed on 23.03.2011. It was condition specific in the said recruitment process that that candidates must possess all required certificates that were valid at the time of the appointment. The eligibility criteria for the position, mandated 3 years diploma in civil engineering or two years post diploma in rural technology and management or higher educational qualifications. 383 individuals were selected for afore stated, which itself exceeded the notified 275 posts by 108, which shows gross irregularity in the recruitment process. A 9 specific issue of 89 candidates who acquired their educational qualifications after the cut-off date of 23.03.2011 was raised, and the matter was examined by three committees constituted by Office Order dated 28.11.2016 pursuant to directions issued in administrative note NSP-13. The reports of the committees confirmed that 89 appointees had acquired essential educational qualifications only after the last date for application, and were therefore ineligible. It is relevant to mention here that among 89 candidates, 19 candidates have vacated the post after appointment. Following the committee reports, the matter was processed further at the level of the Joint Secretary and Under Secretary. Notesheets were formulated and it was concluded that such appointments were illegal and liable to be cancelled. Despite these findings, the State Government has not taken any action to cancel or debar these candidates from continuing on public posts, and they continue to draw salaries and benefits from the exchequer i.e, State Government. It is noteworthy that the State Government itself preferred an application under Section 156(3) CrPC against individuals responsible for such illegal appointments. The Judicial Magistrate First Class, Raipur, ordered for registration of FIR, and accordingly, FIR No. 225/2022 dated 16.04.2022 was registered at Police Station Civil Lines, Raipur, but no action against the persons who have been appointed illegally has been taken. Despite initiating criminal action against the appointing authorities, the State Government has failed to cancel the appointments of the ineligible individuals, thereby 10 perpetuating illegality and undermining public trust in the fairness of government recruitment. 3. Learned counsel for the State opposes the submission made by counsel for the petitioner. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Taking into consideration the fact that the relief which has been sought by the petitioner cannot be granted in exercise of writ jurisdiction and the petitioner has no locus to challenge the selection of the private respondents who are presently holding the post of Sub Engineer (Civil) under the Panchayat and Rural Department, in view of the considered opinion of this Court, no case is made out for any interference. 6. Accordingly, the petition being devoid of any merit is liable to be and is hereby dismissed. Sd/- (Arvind Kumar Verma) Judge Vasant