Mitisha Baid v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1535 of 2017 • Mitisha Baid, D/o Shri Uttam Chand Baid, Aged About 26 Years, R/o Ward No. 31, House No.229, Apapura Durg, P.S. Durg, Kotwali, District Durg (Chhattisgarh).

---- Petitioner

Versus

1. The State Of Chhattisgarh Through: The Secretary, Department Of Technical Education, Manpower Science & Technology, Mahanadi Bhawan, Mantralaya, Naya Raipur, P.S. Rakhi, Tahsil & District Raipur (Chhattisgarh)

2. The Director, Directorate of Technical Education, Manpower Science & Technology, Mahanadi Bhawan, Mantralaya, Naya Raipur, P. S. Rakhi, Tahsil & District Raipur (Chhattisgarh).

3. Chhattisgarh Public Service Commission, Through : The Secretary, Chhattisgarh Public Service Commission, Raipur, District Raipur (Chhattisgarh).

4. Dr. Mrs. Neeta Agrawal, W/o Shri Gyan Shankar Agrawal, Asst. Professor, Government Engineering College, Dhamtari Road, Sajebahar, Raipur R/o M- 12, Rajeev Nagar, P. O. Shankar Nagar, Raipur, District Raipur (Chhattisgarh). ---- Respondents For Petitioner Ms. Smita Ghai, Advocate For Respondent-State Shri S. P. Kale, Dy. AG For Respondent No.3 Shri Ashish Shrivastava, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/05/2017 1.

Challenge in the present writ petition is to the order dated 20.03.2017 passed by the Commissioner, Directorate of

Technical Education, Chhattisgarh, whereby the order of appointment issued in favour of the Petitioner has been ordered to be kept in abeyance till the Writ Petition (S) No.1874 of 2016 is pending before the High Court. 2.

Writ Petition (S) No.1874 of 2016 has been adjudicated upon by this Court today by a separate order, whereby the said writ petition stands dismissed in terms of the order passed by this Court on 2.1.2017 in a bunch of writ petitions, the lead case being Writ Petition (S) No.1656 of 2016. 3.

In the light of the dismissal of Writ Petition (S) No.1874 of 2016, this Court does not find any good reason for keeping the order of appointment in favour of the Petitioner in abeyance any further. Accordingly, the present writ petition is disposed of for issuance of appropriate order in favour of the Petitioner.

4.

However, at this juncture, learned counsel for the parties would submit that the order passed by this Court on 2.1.2017 in Writ Petition (S) No.1656 of 2016 and other connected writ petitions is pending consideration before the writ appellate Court in a bunch of writ appeals, the lead case being Writ Appeal No. 14 of 2017, which is likely to be heard in the month of April, 2017.

5.

Considering the submissions of the Counsels, the present writ petition is allowed, with a direction to the Respondent-

State to ensure making an observation while passing an order in favour of the Petitioner, observing that the appointment ultimately shall be subject to the outcome of the Appeals (arising out of order of this Court dated 2.1.2017) pending before the Division Bench of this Court, i.e., Writ Appeal No.14 of 2017.

6.

The present writ petition stands allowed and disposed of accordingly with the observation made herein above. Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala