Deepak Kumar And ORS. v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WRIT PETITION (S) NO. 6721 OF 2014

1. Deepak Kumar S/o Ramesh Kumar Aged About 19 Years R/o Village And Post Tejpur Block Ramanujnagar, Distirct Surajpur (CG).

2. Navneet Prajesh S/o Satish Chandra Aged About 24 Years R/o Village Satpata, Post Bishrampur, District Surajpur C.G.

3. Kaushal Pratap S/o B.R. Yadav Aged About 33 Years R/o Village And Post Gangori Bhaiyathan, District Surajpur C.G.

...Petitioner(s)

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, New Mantralaya, Mahanadi Bhawan, Mandir Hasaud, P.S. Mandir Hasaud, Raipur C.G.

2. The Director, Directorate Of Health Services Indirawati Bhawan Mantralaya Naya Raipur Post Office And Police Station Naya Raipur Distirct Raipur C.G.

3. Joint Director Department Of Health Services Sarguja Ambikapur C.G.

4. The Collector Surajpur, Distt. Surajpur C.G.

5. Chief Medical And Health Officer, Surajpur District Surajpur C.G. ... Respondent(s) For Petitioners :

Shri Sanjay Patel, Advocate.

For Respondent-State :

Shri Ratan Pusty, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 05.09.2018

1. The present petition has been filed seeking for a direction to the respondents to consider their representations for appointing them on the post of Multipurpose Health Worker (Male) on the basis of their qualification and experience which they have.

2. On a query being put to the counsel for the petitioners, he fairly admits that for the advertisement which was issued, the petitioners

had not applied for the post and they had not participated in the recruitment process.

3. Given the aforesaid submission of the counsel for the petitioners, this court is not inclined to proceed further with the case for the reason that until and unless the petitioners subjected themselves to the recruitment process as has been initiated by the respondents in accordance with rules, the petitioners cannot claim for any relief which they have sought for. Neither they would be entitled for preferential treatment also without participating in the recruitment process.

4. Ont these two grounds itself, the writ petition being totally devoid of merit deserves to be and is accordingly dismissed.

5. Needless to mention that any subsequent recruitment process which is initiated by the respondents, subject to petitioners being eligible for the same, they would be entitled to participate in the said recruitment process.

Sd/- (P. Sam Koshy Judge inder