Dr. Rajendra Prasad Yadu v. State Of Chhattisgarh And Others

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 6495 of 2008 Dr. Rajendra Prasad Yadu, aged about 44 years, Jawahar Navodaya Vidyalaya, Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Petitioner

Versus

1. State of Chhattisgarh, Through Secretary, School Education Department, Mantralaya, Dau Kalyan Singh Bhawan, Raipur, Chhattisgarh.

2. Chhattisgarh Public Service Commission, Through Chairman, Chhattisgarh Public Service Comission, Shankar Nagar Road, Raipur, Chhattisgarh.

3. Mission Director, Rajiv Gandhi Shiksha Mission, Chhattisgarh Vivekanand Nagar, Chhattisgarh, Raipur.

4. Mr. B.P. Kashyap, the then Exam Controller of Public Service Commission, presently working as Assistant Professor, Govt. DB Girls College, Kalibadi, Raipur, Chhattisgarh.

5. Chief Medical Officer, Mahasamund, Chhattisgarh.

6. Principal Govt. B.Ed College Shankar Nagar, Raipur, Chhattisgarh.

7. Principal, Higher Secondary School, Amlipadar, Deobhog, Raipur District, Chhattisgarh.

8. Principal, Higher Secondary School, Raipura, Raipur, Chhattisgarh.

9. Mr. Ramnivas Singh Deputy Director, State Council of Education, Research and TRaining, Raipur, presently working as Personal Assistant to Hon'ble Minister of School Education.

10.Mrs. R. Bambra, Principal, DIET, Shankar Nagar, Raipur. 11.Mr. G.R.Chandrakar, Joint Director, Rajiv Gandhi Shiksha Mission, Chhattisgarh, Vivekanand Nagar, Raipur, Chhattisgarh.

---- Respondents For Petitioner : Shri Vinod Deshmukh, Advocate.

For Respondent-State : Shri Jitendra Pali, Deputy Advocate General and Shri Faiz Kazi, Panel Lawyer.

For Respondent-CGPSC : Shri B.D.Guru, Advocate.

For Respondent No. 3 : Shri A.S.Kachhwaha with Shri Harshmander Rastogi, Advocates.

For Respondent No. 4 & 11 : Shri R.K.Kesharwani, Advocate.

For Respondent No. 9 : Shri Rajeev Shrivastava, Advocate.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Order on Board 28/02/2019

1. Heard learned counsel for the Petitioner and the learned counsel for the Respondents.

2. List of the candidates otherwise qualified for promotion to the post of Deputy Director, School Education, came to be issued by the Chhattisgarh Public Service Commission (for short 'the CGPSC') in terms of the directions made on adjudication in a batch of writ petitions, one of them being Writ Petition (S) No. 599 of 2005, decided on 16.11.2005.

3. On the basis of the said decision and direction of the writ Court, the CGPSC re-issued the list of eligible persons who were to be appointed and have been appointed and they have been working as such for more than a decade and a half.

4. Merely because the Petitioner chose to file the present writ application alleging things as to the award of marks etc. to the selected candidates, the same is not required to be entertained because the option available to him was to assail the order of the learned Single Judge at whose directions the fresh list of Deputy Directors were notified by the CGPSC with only one rectification since nothing adverse was found in the previous list as such and they have been holding the post since then.

5. The writ application therefore is dismissed being devoid of merit. Any indulgence would amount to review of the earlier order of a coordinate Bench, if not re-adjudication.

Sd/- (Ajay Kumar Tripathi) CHIEF JUSTICE Amit