Tarun Kumar Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8009 of 2019 Tarun Kumar Kashyap S/o Shri Ramsharan Kashyap Aged About 20 Years R/o Akaltari, Post Piparsatti, Via.-Akaltara, District Janjgir-Champa Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2. The Collector Janjgir-Champa, District Janjgir-Champa Chhattisgarh

3. Chief Executive Officer Janjgir- Champa, District Janjgir - Champa Chhattisgarh

4. Janpad Panchayat, Akaltara Through The Chief Executive Officer Akaltara, District Janjgir-Champa Chhattisgarh

5. District Employment Officer Zila And Swarojgar Margdarshan Kendra, District Janjgir- Champa Chhattisgarh

6. Mahatma Gandhi Rashtriya Gramin Rojgar Garanti Parishad Vibhagadhyaksh Karyalaya, Indrawati Bhawan, Block-Ii, Dwity Tal, Atal Nagar Raipur Chhattisgarh. Through The Upper Commissioner, Mahatnama Gandhi Narega, Atal Nagar, Raipur Chhattisgarh

7. Janpad Panchayat Baloda, Mahatnama Gandhi Guaranti Rojgar Yojna, District Janjgir- Champa Chhattisgarh, Through The Chief Executive Officer, Janpad Panchayat Baloda, District Janjgir-Champa Chhattisgarh

8. Janpad Panchayat Bagicha, District Jashpur Chhattisgarh (Mahatma Gandhi Manrega Prakoshth) Through The Chief Executive Officer, Janpad Panchayat Bagicha, District Jashpur Chhattisgarh

9. Janpad Panchayat Orcha, District Narayanpur Chhattisgarh (Mahatnama Gandhi Rashtriya Gramin Rojgar Guarantee Yojna), Through The Chief Executive Officer, Janpad Panchayat Orcha, District Narayanpur Chhattisgarh

10. Janpad Panchayat Pali, District Korba Chhattisgarh, Mahatnama Gandhi Rashtriya Gramin Rojgar Guarantte Prakoshth, Through The Chief Executive Officer, Janpad Panchayat Pali, District Korba Chhattisgarh 11.Janpad Panchayat Katghora, Mahatnama Gandhi Rashtriya Gramin Rojgar Yojna, District Korba Chhattisgarh, Through The Chief Executive Officer, Janpad Panchayat Katghora, District Korba Chhattisgarh 12.Janpad Panchayat Pithoura, District Mahasamund Chhattisgarh Mahatnama Gandhi Rashtriya Rojgar Yojna, District Mahasamund Chhattisgarh, Through The Chief Executive Officer, Janpad Panchayat Pithoura, District Mahasamund Chhattisgarh

13. Chief Executive Officer Janpad Panchayat, Kawardha, District Kabirdham ---- Respondents For Petitioners :

Mr. Ram Narayan Sahu, Advocate For State :

Ms. Akansha Jain, Dy. GA Hon'ble Shri Justice P. Sam Koshy Order on Board 01/10/2019

1. The challenge in the present writ petition is to the advertisement dated 18.02.2019 for filling up of the post of Gram Rojgar Sahayak. Grievance of the petitioner is that the minimum age prescribed by the department in the advertisement is 21 years whereas the

similarly placed person in the other districts and other place the minimum age prescribed is 18 years.

2. This Court at the outset is of the view that power is always within the domain of the employer to decide the minimum age as well as maximum age for applying. The petitioner admittedly as on date has not attained the age of 21 years.

3. Given the said facts, unless there is any malafide attributed by the petitioner for not keeping the minimum age as 18 years, the scope of judicial review by the High Court to question the minimum and maximum age prescribed by the employer is very limited. This Court does not find any strong case made out by the petitioner calling for an interference by this Court. Thus, the writ petition fails and is accordingly rejected.

4. Rejection of the writ petition would not preclude the petitioner from approaching the authorities for ventilating their grievances.

5. The writ petition accordingly fails and stands rejected. Sd/- (P. Sam Koshy) Judge Rohit