J.P. Gupta And ORS v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2680 of 2013

1. J.P. Gupta S/o Gopal Prasad Gupta Aged About 39 Years R/o Near Kedarpur Water Tank, Police Station City Kotwali, Ambikapur Surguja, Chhattisgarh

2. Vinay Gwal S/o K.L. Gwal Aged About 38 Years R/o Mahendra Nagar Royal Kips School Road Ward No. 20, Police Station Rajnandgaon, District : Rajnandgaon, Chhattisgarh

3. Mohd. Raja Ali Ansari S/o Jahur Alam Aged About 36 Years R/o Village Patna, Police Station Patna, Tahsil Baikunthpur, District Korea, Chhattisgarh

4. Dhruv Kumar Kashyap S/o Krishna Kumar Kashyap Aged About 44 Years R/o Kachhari Para, Baikunthpur, Police Station Baikunthpur, District Korea, Chhattisgarh

5. Yogesh Sharma S/o Mulchand Sharma Aged About 40 Years R/o Radha Kunj, Jawahar Ward, Police Station Kanker, District Kanker, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through General Administration Department Mantralaya Mahanadi Bhawan, New Raipur, Chhattisgarh

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

3. State Of Chhattisgarh Through Its Secretary Home Ministry Department, Mantralaya New Raipur, Chhattisgarh ----Respondents For Petitioners :

None For State :

Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 16/07/2018

1. There is no representation on behalf of the petitioners when the matter is called.

2. Considering the fact that the matter is about 5 years old, this Court proceeded to decide the matter taking into consideration the contents of the writ petition, as also taking the assistance of the State counsel.

3. The relief sought for in the present writ petition was for a direction to the respondents for grant of age relaxation for recruitment to the post of Additional District Prosecution Officer (ADPO).

4. The petition was filed as early as in the year 2013 and there was no interim relief granted to the petitioners. The recruitment process must have definitely been concluded by now and all the selected candidates also must have been already appointed.

5. The petition has been filed only seeking relief against the State Government. The persons, who have been selected, have not been subsequently made a party to the present writ petition. That at this juncture if the writ petition is allowed, the services of the selected candidates would be adversely affected and as such they would be a necessary party and thus the preset writ petition in its present form suffers from non-joinder of parties.

6. The writ petition accordingly firstly on the ground that the matter has become infructuous in the light of the recruitment having being concluded and secondly the selected candidates having not being made a party, the writ petition stands dismissed. Sd/- (P. Sam Koshy) Judge Ved