Kamlesh Kumar Sahu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2901 of 2016

1. Kamlesh Kumar Sahu S/o Shri Dwarika Prasad Sahu, Aged About 28 Years R/o Shivaji Nagar, Daldal Seoni, Mowa, Raipur, District Raipur, (Chhattisgarh)

2. Mahendra Kutare, S/o Shri Kunjilal Kutare, Aged About 28 Years R/o Near School Chowk, Danitola, Dhamtari, District Dhamtari, (Chhattisgarh)

3. Ashok Kumar Kumhar, S/o Shri Ramcharan Kumhar, Aged About 31 Years R/o Village Jagdalla, Tahsil Road, Near Primary School P O Champa, District Janjgir Champa, (Chhattisgarh)

4. Raj Abhishek Verma, S/o Shri Satish Chandra Verma, Aged About 27 Years R/o Old Chandania Para, Near Lead Bank Office Of SBI, P O Janjgir, District Janjgir Champa, (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Technical Education, Mantralaya, Mahanadi Bhawan, Naya Raipur, (Chhattisgarh)

2. State Of Chhattisgarh, Through The Secretary, Department Of Forest, Mantralaya, Mahanadi Bhawan, Naya Raipur, (Chhattisgarh)

3. Chhattisgarh Public Service Commission, Through Its Secretary, Shankar Nagar, Raipur, (Chhattisgarh) ---- Respondents For Petitioners :

Mr. Anurag Verma, Advocate For State :

Mr. S.P. Kale, Dy. Advocate General For Respondent No.3 :

Mr. Supeep Agrawal, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 15/11/2016

1. The present Petition has been filed with a limited prayer as has been enumerated in the paragraph 10.2 of the Writ Petition. "10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ of mandamus directing the respondent authorities to permit the petitioners in accordance with the advertisement dated 30/03/2016 (Annexure P/1) to participate in the Chhattisgarh Forest

-2Service (Joint) Examination 2016 with regard to appointment ad recruitment on the post of Assistant Forest Conservator and Forest Ranger, treating the Degree of Pharmacy as a technical degree duly recognized by the AICTE."

2. This Court does not think it proper to proceed any further with the Writ Petition as the Counsel appearing for Respondent No. 3, Chhattisgarh Public Services Commission categorically makes a statement before this Court that the four Petitioners in the present Writ Petition who were permitted to participate in the recruitment process, none of them have qualified in the written examination. In addition, it is also relevant at this juncture to take note of the document Annexure R/3 dated 27.09.2016 which is the correspondence made by the Director Technical Education, Chhattisgarh which is addressed to the Additional Principle Chief Conservator of Forest, Raipur that B. Pharma Course would be treated as a technical graduate degree and as such the Petitioners in the light of the said correspondence also had become otherwise eligible to participate in the recruitment process.

3. Now that the Petitioners have not qualified in the written examination the entire issue has become academic. Accordingly, the present Writ Petition stands dismissed reserving liberty of the Petitioners to challenge the same at an appropriate stage if need arises.

4. With the aforesaid observation the present Petition stands dismissed.

Sd/- (P. Sam Koshy) kishore Judge