Pragya Sahu v. State Of Chhattisgarh And ORS

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 927 of 2014 Pragya Sahu D/o Shri Chandra Kumar Sahu Aged About 24 Years R/o Rathore Bhawan, Opposite Loins School, Loins Chowk, Champa, Police Station Thana Kotwali, District Janjgir Champa, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh, Through Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. The Engineer-In-Chief, Rural Engineering Services, O/o Development Commissioner, Chhattisgarh, Raipur, Chhattisgarh

3. Ku. Ritu Gopal D/o Ramchandra Gupal, Aged About 28 Years R/o Sharda Mandir, Near Civil Court, Janjgir, Police Station Thana Kotwali, District Janjgir Champa, Chhattisgarh ----Respondents For Petitioner :

Ms. Renu Kochar, Advocate For State :

Mr. Syed Majid Ali, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 18/07/2018

1. On 07.05.2018, this Court had directed the State counsel to seek instructions as to the vacancy position so far as Sub Engineer (Electrical) in the Rural Engineering Services department is concerned.

2. Today the State counsel enters appearance and produces before the Court a communication issued by the Chief Engineer, Rural Engineering Services, Raipur dated 06.07.2018, wherein he has informed that there is one post of Sub Engineer (Electrical) in the unreserved women category still lying vacant. The said information provided by the Chief Engineer dated 06.07.2018 is hereby taken on record.

3. So far as the issue involved is concerned, the counsel appearing for the petitioner as well as the State do not dispute the fact that the same

stands squarely decided by the Full Bench of this Court in the case of "State of Chhattisgarh & Another v. Roshni Sahu" WA No. 411/2014 decided on 21.10.2016, wherein it has been categorically held by the Full Bench of this Court that for the purpose of appointment the requirement of registration in the concerned employment exchange would not be a mandatory clause and no candidate can be disqualified only on the ground of not having registration in the concerned employment exchange.

4. Given the facts that the issue raised stands squarely covered by the Full Bench decision, this Court is not inclined to keep the petition pending, rather the petition deserves to be and is accordingly allowed in similar terms. It is ordered that pursuant to the information made available by the Chief Engineer vide its letter dated 06.07.2018, it is directed that they shall consider the case of the petitioner against the said vacancy and shall take appropriate steps for issuance of the order of appointment, if all other process of section has been completed and also subject to the petitioner otherwise found meritorious necessary appointment order be issued at the earliest preferably within a period of 90 days from the date of receipt of the certified copy of the order of this Court.

5. The petitioner is also directed to ensure that the order passed by this Court is produced before the competent authority at the earliest for necessary compliance.

6. With the aforesaid observations the present writ petition stands allowed and disposed off.

Sd/- (P. Sam Koshy) Judge Ved