Bishnudas Bairagi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 10227 of 2019 Bishnudas Bairagi S/o Dhanidas Bairagi Aged About 42 Years OccupationRetired Hawaldar Ex-Army Serviceman R/o Gram- Rokhra Tahsil- Raigarh Civil and Revenue District- Raigarh, Chhattisgarh. --- Petitioners

Versus

1. State of Chhattisgarh through The Secretary Revenue and Disaster Management Department Mahanadi Bhawan, Atal Nagar Raipur, District : Raipur, Chhattisgarh

2. The Collector Office of The Land Record Branch Collector Marg Chandra Nagar, Kelo Vihar Raigarh, Pin-496001, District : Raigarh, Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------------------------------ For the Petitioner : Mr. Shrinivas Rao, Advocates For the Respondents : Mr. Ravish Verma, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 05.12.2019

1. Learned counsel for the petitioner would submit that the petitioner belongs to Ex-Servicemen and pursuant to the advertisement for selection to the post of Patwari Examination 2019, he has applied for the same. After conducting the written and oral test, the name of the petitioner finds place at Sl.No.1 in the waiting list. It is contended that as per the advertisement, two posts were mentioned for Ex-Servicemen and though one person has been selected in the quota of Ex-Serviceman but the petitioner has not been given the appointment and he has been kept as waiting list No.1 for the reason that no candidate is available for the quota of Ex-Servicemen from the category of SC/ST or OBC. He submits that the number of posts for selection of candidates under the category of SC/ST/OBC are fixed, therefore, the post of Ex-Serviceman cannot be included in that category and the quota of Ex-Servicemen should be treated

separately. It is submitted that still one post is kept vacant under the quota of Ex-Servicemen, therefore, the petitioner has already made representation to the Collector, which may be directed to be decided.

2. Without any observation on merits of the case, at this stage, to ascertain the factual aspect, it would be necessary to give a direction that the representation of the petitioner be decided. Consequently the Collector shall decide the representation of the petitioner within a further period of 45 days from the date of receipt of a copy of this order.

3. This writ petition accordingly stands disposed off. Sd/- (GOUTAM BHADURI) JUDGE R a o