Bhupendra Kumar, v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1043 of 2021

1. Bhupendra Kumar S/o Shri Gaindlal, Aged About 33 Years, R/o Behind Jems Garage Near Kharkhara Canal Balod, District Balod Chhattisgarh

2. Yeetesh Kumar S/o Shri Yogeshwar, Aged About 30 Years, R/o House No. 05, Village Chicha, Post Bathena, Tahsil Patan, District Durg Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya New Raipur, District Raipur Chhattisgarh

2. Public Service Commission, Through Secretary, Raipur, District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Ajay Shrivastava, Advocate For State :

Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 16.02.2021

1. The limited relief that the petitioners have sought in the present writ petition is for an appropriate direction to the State authorities to take a decision on the correspondence made by the Chhattisgarh Public Service Commission vide Annexure P-2 dated 27.02.2020 whereby

the Chhattisgarh Public Service Commission has written a letter to the Secretary, Higher Education Department to consider the essential qualification prescribed for the post of Assistant Professor in Sericulture and Tusser Technology subjects.

2. According to the petitioners, none of the Universities in the State of Chhattisgarh have the course of post graduation in the aforesaid subjects and therefore, there is difficulty for filling up of the said posts. According to the petitioners, there are candidates who have done post graduation in allied subjects where Sericulture and Tussar Technology are also part of their study/course. The petitioners and other similarly placed candidates have made a representation to the Chhattisgarh Public Service Commission which subsequently on due consideration have found the claim of the petitioners to be genuine and accordingly forwarded the complaint to the State Govt. for taking appropriate decision which till date has not been finalized.

3. State counsel, at this juncture, submits that it is a case where the said post may not be available in the State of Chhattisgarh but the said course is part of many of the Universities where the Universities are imparting post graduation in the aforesaid subjects.

4. Given the submission made by the counsel for the parties, since there is a correspondence made by the Chhattisgarh Public Service Commission to the Secretary, Higher Education Department i.e. the respondent no.1, the writ petition at this juncture can be disposed of directing the respondent no.1 to take an appropriate decision on the

correspondence made by the Chhattisgarh Public Service Commission vide Annexure P-2 dated 27.02.2020 at the earliest preferably within a period of 3 months from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai