Sunil Kumar Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3438 of 2015 • Sunil Kumar Sharma S/o Shri Ramdyal Sharma, Aged About 44 Years R/o Near Goshala, Bazar Para Ward No. 14, Nevra, Tahsil Tilda, Civil & Revenue District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Department of Ruler Development & Panchayat, Ministry, Mahanadi Bhavan, New Raipur (Chhattisgarh)

2. The Chief Executive Officer, Jila Panchayat, Uttar Bastar, Kanker, (Chhattisgarh).

3. Durgesh Kumar Sahu, S/o Tikaram Sahu, Village Bharigawan, Post Fagudah, Tahsil Gurur, District Balod. (Chhattisgarh) ---- Respondents For Petitioner :

Shri Neeraj Choubey, Advocate For Respondents-State :

Shri Shashank Thakur, GA for the State Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 12/10/2015

1. Petitioner is aggrieved by his non-selection and selection of respondent No.3 as Lecturer (Panchayat) in the Zila Panchayat, North Bastar-Kanker. The subject appointment has been made under the Chhattisgarh Teacher (Panchayat) Cadre (Recruitment and Conditions of Service) Rules, 2012 (for short 'the Rules, 2012'). Rule 13 of the Rules, 2012 provides for filing an appeal.

2. Relying on the judgment rendered by the Division Bench of the Madhya Pradesh High Court in the matter of Arti Bhatnagar and others Vs. State of M.P. and others {2000 (2) M.P.L.J. 151}, this Court in the matter of Purushottal Lal Kamalsen Vs. State of Chhattisgarh and others {WPS No.385 of 2012} has held that non-selection of a Shiksha Karmi is also

appealable before the appellate authority.

3. In view of the availability of the alternative remedy, the writ petition is not maintainable. Accordingly, it is dismissed as not maintainable. Sd/- Judge Prashant Kumar Mishra ashu