Dr. Amar Singh Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO.3321 OF 2019 Dr. Amar Singh Tiwari S/o Rajendra Kumar Tiwari Aged About 34 Years R/o M.I.G. (S) 19, Phase-II, Kabir Nagar P.S. Kabir Nagar, Raipur, DistrictRaipur, Chhattisgarh.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through Its Secretary, Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh.

2. Chhattisgarh Public Service Commission Through Its Secretary, Shankar Nagar, Main Road Raipur, District Raipur Chhattisgarh.

3. The Director Ayurved, Yoga And Naturopathy, Unani Siddha And Homeopathy (Ayush) Directorate, Atal Nagar, Raipur, District Raipur Chhattisgarh.

... Respondent(s) For Petitioner :

Shri JN Nande, Advocate.

For Respondent-State :

Shri Saleem Kazi, Dy. Advocate General.

For Respondent-PSC :

Shri Soumya Rai, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09.05.2019 1.

Challenge in this petition is to Annexure P/6, an advertisement dated 08.03.2019 published on 13.03.2019.

2.

The challenge primarily is on the ground that the respondent-PSC has also allowed the candidates from the allied subjects for filling up of the post of Lecturer.

3.

Taking into consideration the pleadings that has been made, what clearly reveals is that the petitioner belongs to unreserved category and the post of Lecturer against which the petitioner is claiming candidature is one which is reserved for OBC category. Since the post itself is exclusively reserved for a candidate belonging to unreserved/OBC category, the petitioner who is from unreserved category, in any manner, would not be able to participate in the said recruitment process. Therefore, the challenge to the said advertisement by the petitioner is totally uncalled for.

4.

So far as the grievance of the petitioner that the department has not issued an advertisement for the unreserved category, the petitioner would be at liberty to approach the authorities for ventilating her grievances by making a suitable representation demanding for filling up of the vacant post lying in the department for unreserved category. 5.

With the aforesaid observations, the writ petition stands dismissed. Sd/- (P. Sam Koshy) Judge inder