Adarsh Kumar Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 3400 of 2018 Adarsh Kumar Mishra S/o Shri Birendra Kumar Mishra, aged about 41 years, R/o in front of Anand Samaj Library, Brahaman Para, Police Station Azad Chowk, Tahsil and District Raipur, Chhattisgarh ---- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Skill Development, Technical Education and Employment, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, Chhattisgarh

2. Chhattisgarh State Public Service Commission, through the Secretary, Shankar Nagar Road, Raipur, District Raipur, Chhattisgarh ---- Respondents For Petitioner :

Shri Prateek Sharma, Advocate For Respondent no.1 :

Shri B. Gopa Kumar, Dy. Advocate General For Respondent no.2 :

Ms. Priya Mishra, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 30/04/2018 The case of the petitioner is that he had applied for the post of Sports Officer under respondent no.1 against the advertisement issued in February 2017. The results of the recruitment process was finalized on 09.01.2018 and the petitioner was found to be the topper in the merit list with highest marks. The only grievance of the petitioner is that though he is topper in the merit list, the respondents have not taken any step for issuance of appointment order on the ground that some writ petition is pending before the High Court challenging the said recruitment process i.e.

WPS 2051/2018. Counsel for the petitioner submits that there is no interim relief granted by this Court in the said writ petition. 2.

Given the aforesaid facts and circumstances of the case, this Court is of the opinion that only because there is some litigation pending in respect of the recruitment process would by itself not preclude the respondents from proceeding further with the recruitment process or from issuance of an order of appointment to the meritorious candidates. If for any reason the respondents do not intend to fill up the vacancy from the said recruitment process, they should pass an appropriate and suitable order in this regard. Unless there is a policy decision for dropping the entire recruitment process or an interim order of restrain by the High Court staying further proceedings of the recruitment process, nothing comes in the way of the State Government for proceeding further. 3.

With the aforesaid observation, the present writ petition stands disposed of. It is expected that the authority concerned shall take a decision at the earliest.

Sd/- (P. Sam Koshy) JUDGE Bhola