‘ E HIGH COURT OF CHHATTISG RH AT BILASPUR WRIT PETITIGN {S} N0. ”28$ of2009 #EWTEONER : Vinod Kumar Sh‘ndilya S/o Shri Jethu Ram ‘ i Shandilya, aged bout 30 years, R/o village 1 i Funderdihari, T hsii Ambikapur, Distt. Sarguja (C.G.) “ VERSUS . State of Chhattlsgarh through the Secretary, Panchayat and‘ Rural Deveiopment Department Man alaya D K S Building, Ralpur (C G ) 2. The Chlef Executlve Officer Dlstnct Panchayat Amblkapur D1stt Sarguja (C G) 3. The Chief Executlve omcer Janpad Panchayat Odangi, §Distt. Sarguja (C.G.) 4, The Block Education O$cer Odangi Distt Sarguja (C G ) RIT PETITION UNDER ARTICLE 226 OF TEEE CONSTITUTION OF }NDIA SB Hon’ble Shrl Satlsh K. Agmhotrl J H RéESRONDENTs Present. §hn Sum! Sahu Advocate for the petltmner Shr; Shashank Thakur Panel Lawyer for the State.- ORAL ORDER (Passed on 18W! day of June, 2009) Challenge in this petition is non-selectiOn of the petitioner 011 the post ogf Shiksha Karmi Grade HI under Science group. The basic qualification for appointment on the post of Shiksha Kamii Grade HI is Higher Secondary School Ceitificate As yer notification dated 29 November 2007 it is made clear that m soience goup, requlrement 1s Biology or Maths subject. It is further ment1oned at note 8 thatvin Biology, post graduation in Botany or Zoology would be acceptable. The petitioner made application for appointment on the post of Shiksha Karmi Grade III, on the basis of the Higher Secondary School Certificate in Agriculture wherein the subjects were Ele. of t Science and Maths for Agriculture, Crop Production & Horticultureand Ele. of Animal Husbandary £5 Poultry Farming, there \ is no subject of Biology which includes Botany and Zoology. ML x“ ix W @ According ‘to learned counsei appeari g for ths petitioner, the petitioner was issued a counselling letter ‘aliier having passed the written test/examination and onverification 0f the documents, his candidature was rejected. The petitioner has serv d a notice to the Chief Executive Officen Janpad Panchayat, Odgi i. . the respbndent No. 3, through Advocate. The respondent No. 3, by fetter dated 02.05.2009 (Annexure P/l) replied to the Advocate for the etitioner that the petitioner does not come within the science group as [is required for appointment on the post of Shiksha Karmi Grade III (Science) and further, in case of Arts group. the minimum percentage obtained by the last candidate was 36.36 percent and the petitioner had :obtained 33.33 percent. Thus, the petitioner was not found eligible for iappointment in either group. Shri Sahu further submits that'the Higher Secondary School certificate may be treated under science group. On perusal of the documents, it is found that the notification makes it clear that Science group. means who have obtained examination certificate in BiOlogy or Maths, and not any other incidental science subject. Thus, the contention of the petitioner that the subjects of the petitioner in Higher Secondary School Certificate may be treated‘jas science subject, is rej ected. For the reasons mentioned hereinabove, there is no merit in this petition and as such, the petition is dismissed, summarily. i Sd/- tish . Aghihotri 3 u Judge a.K