Wyfs) -lzga/af BEFORE THE STATE ADMINISTRATIVE TRIBUNA : .RAIPUR ’ APPLICfAN’l‘ 8 NQNAPPLICANTS a OQA .NOo gagg/v Ashok Mehar, son of shri Chandrabhan Mehar, aged about'28 years, occupation service présently working as part time Physical Instructor,Karodima1 Government Politechnic College,Raiqarh. \ VS. The State of M.P. through the Sem&& department of Man Power and Planning(Technica1 Education), vallabh Bhawan,Bhopa1. 4» Director, Technical Education, 4th floor,Satpura Bhawan,8hopa1. Collector,Raigarh. Principal,Kirodimal Government, Poygtechnic,Raigarh. Ao APPLICATION UNDER SECTION 1g OF THE ADMINI$TRATIVE TRIEUNAL'S ACT ‘ w /@\ q a HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) No. 1859 of2005 APPLICANT. : Ashok Mehar. VERSUS NON-APPLTCANTS : The State- ofM.P. & Oihers. APPLICA'HON UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNAL’S ACT. SB: Hon’ble Shri Satish K. Agnihotl'i, J. Present: u Shri Vineet Kumar Pandey, Advocate for the petitioner. Shri M.P.S.Bhatia, Deputy Government Advocate for the State/respondents. ORDER ORAL (Passed on O7 day of July, 2010) Case of the petitioner i3 that his name was sponsored by the employment exchange for selection and recruitment on the post of Physical Training Instructor at Kirodimal Govermnent Polytechnic College, Raigarh. The petitioner was duly selected and placed at serial No. 1 (Annexare A/Z). Thereatter, without assigning any reason, the petitioner was not given appointment. 2. Learned counsel for the petitioner submits that once the post has been advertised for appointment against Other Backward Class category and the petitioner being a candidate of Other Backward Class category, made an application and he was selected for the said post. There cannot be a change of roster aner merit list was issued on 21.12.1998 (Annexure A/2). It is ditlicult to find out asto what was the position as on that date. According to the petitioner, the post is still lying vacant. ’)4 a direction to the respondent authorities to issue appointment order, filed in February, 1999, the respondents, by way of return, came out with a When a petition was tiled in the State Administrative Tribunal, seeking @ plea that though initially the seat was reserved for Other Backward Class category but thereafter, on recalculation of roster, it was found that the same was reserved for a Scheduled Tribe category. However, in suppmt of the same, no documents have been produced by the respondents, except the communication from the respondent No. 4: to the Director, Technical Education, (AnneXure R/8-B), certain instructions issued by the General Administration Department (Annexure R/8-C). It is not clear as to what was the position of post of Physical instructor either in the communication (Annexure R/8) and subsequent connnunication from Director, Technical Education to the Principal, respondent No. 4. This contention of the State that on reconstructing ofroster, the post was made reserved for Scheduled Tribe candidate is not supported by any document. Having regard to the facts of the case, the Director, Technical Education, is directed to look into the matter and pass appropriate order in accordance with law, within a period oftwo months from the date of receipt ofa copy ofthis order. It would be better ifthe petitioner makes an application stating all the aforesaid reasons. In case, the application is made within a period of two weeks from today, the same shall e considered and decided within a further period ofeights weeks. 3 . With the aforesaid observation and direction, the writ petition is disposed of \~ sw- l I} satish K. Agnihotri ,1 ‘ Judge b