‘% W? smmamcn 1N THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. (S) N0. \ L( 41 OF 2011 /' Vipin Agrawal S/o Ram Vishal R/O Village— KhongapaliKalri Main Market, Manendragarh Dist. Koriya(C.G.) VERSUS RESPONDENTS : 17' State 0f Chhattisgarh . Through — Secretary Panchayat PETITIONER D. K.S. Bhavan Raipur Dist. Raipur (C.G.) Collector Korba, Dist. Korba (C.G.) Block Education Officer Pali Dist. Korba (C.G.) Janpad Panchayat Though — Chief Executive Officer Pali, Dist. Korba (C.G.) RIT PETITION UNDER ARTICLE 22 OF TH W 6 E CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (S) NO.1520 OF 2011 37w WRIT PETITION (SI NO.1462 OF 2011 PETITIONER Seema Dubey Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1442 OF 2011 PETITIONER Girish Sharma Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1453 OF 2011 PETITIONER Pradeep Bhaskar " Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1457 OF 2011 PETITIONER Jayendra Kumar Sahu Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1461 OF 2011 PETITIONER Vipin Agrawal Versus RESPONDENTS State of Chhattisgarh & Others PETITIONER Jitendra Kumar Jaiswal Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1463 OF 2011 PETITIONER Meghnath Jaiswal Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1472 OF 2011 PETITIONER Sunita Kaushik Versus RESPONDENTS 7 State of Chhattisgarh & Others WRIT PETITION (S) NO‘1474 OF 2011 PETITIONER Naveen Kumar Sharma Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1475 OF 2011 PETITIONER Kranti Kumar Diwan Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1476 OF 2011 PETITIONER Narendra Pratap Singh Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETIT!ON (S) NO.1477 OF 2011 PETITIONER Sarita Dubey Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1478 OF 2011 PETITIONER Sukhsagar Patel Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1511 OF 2011 PETITIONER Gauri Diwan Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1512 OF 2011 PETITIONER Ruchira Sharma Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1513 OF 2011 PETITIONER Jageshwar Prasad Sahu Versus RESPONDENTS State of Chhattisgarh & Others PETITIONER RESPONDENTS PETITIONER RESPONDENTS PETITIONER RESPONDENTS PETITIONER RESPONDENTS PETITIONER RESPONDENTS PETITIONER RESPONDENTS PETITIONER RESPONDENTS PETlTlONER RESPONDENTS j? WRIT PETITION (SI NO.1514 OF 2011 Bajrang Lal Diwakar Versus State of Chhattisgarh & Others WRIT PETITION (S) NO,1515 OF 2011 Smlla Dubey Versus State of Chhattisgarh & Others WRIT PETITIONtS) NOI1518 OF 2011 Urmila Patel Versus State of Chhattisgarh & Others WRIT PETITION (S) NO.1519 OF 2011 Firat Ram Patel Versus State of Chhattisgarh & Others. WRIT PETITION (S) NO.1540 OF 2011 Pammi Thakre Versus State of Chhattisgarh & Others WRIT PETITION (S) NO.1541 OF 2011 Jitendra Vaishnav Versus State of Chhattisgarh & Others WRIT PETITION (S) NO.1542 OF 2011 Badri Prasad Sidar Versus State of Chhattisgarh & Others WRIT PETITION (S) NO.1543 OF 2011 Jageshwari Sahu Versus State of Chhattisgarh & Others WRIT PETITION (S) NO.1574 OF 2011 PETITIONER Vimla Dhuri Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1575 OF 2011 PETITIONER Bhuvneshwari Sahu Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1576 OF 2011 PETITIONER Govinda Ratre Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1577 OF 2011 PETITIONER Satyendra Singh Dau Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1650 OF 2011 PETITIONER Permeshvar Singh Kanwar Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO‘1813 OF 2011 PETITIONER Hemlata Sahu Versus RESPONDENTS State of Chhat’tisgarh & Others WRIT PETITION (S) NO.1814 OF 2011 PETITIONER Sanjay Shukla' Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1827 OF 2011 PETITIONER Anger Singh Khurana Versus RESPONDENTS State of Chhattisgarh & Others O WRIT PETITION (S) NO.1828 OF 2011 PETITIONER Mukesh Kumar Narayani Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1829 OF 2011 PETITIONER Neelu Tiwari Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1830 OF 2011 PETITIONER Khem Lal Rajwade Versus RESPONDENTS > State of Chhattisgarh & Others WRIT PETITION (S) NO.1841 OF 2011 PETITIONERS Umesh Kumar Shrivas & Another Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NOI1867 OF 2011 PETITIONER Ramesh Jha Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NOI1868 OF 2011 PETITIONER Ramkrishana Dixena Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.1871 OF 2011 PETITIONER Jay Kumar Toppo Versus RESPONDENTS State of Chhattisgarh 8; Others WRIT PETITION (S) NO.1872 OF 2011 PETITIONER Ku. Anita Kashyap Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) Nu18773 OF 2011 PETITIONER Smt. Rajendra Warkade x H .. -.. Versus ' ~ 1‘ '“iREs‘iD'oNDENT?” ”W ‘ StaigBf GhHa‘ttis‘ga‘rhua‘ Others I L WRIT PETITION (S) NO.1936>OF 2011 PETITIONER Hemlata Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) No.2029 OF 2011 PETITIONERS Anil Suni & Others Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.2074 OF 2011 PETITIONER " Asharam Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.2075 OF 2011 PETITIONER Dinesh Kumar Sahu Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO,2117 OF 2011 PETITIONER Bhuvneshwar Lal Banjare Versus RESPONDENTS State of Chhattisgarh & Others WRIT PETITION (S) NO.2120 OF 2011 PETITIONER Vedram Banjare' Versus RESPONDENTS State of Chhattisgarh & Others .. And WRIT PETITION (S) NO.2259 OF 2011 PETITIONERS Ku. Sharada Singh & Others Versus RESPONDENTS State of Chhattisgarh & Others (Writ Petitions under Article 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. b Present:- Shri H.V. Sharma, Shri Suresh Pandey, Ms. Meena Shastri, Shri Shashank Thakur & Ms. Renu Kochar, Advocates for the respective petitioners. Shri Y.S. Thakur, Deputy Advocate General for the State. ORDER (ORAL) (Passed on this 29‘“ day of April, 2011) The batch of petitions viz. W.P.(S) Nos. 1442, 1453, 1457. 1461, 1462, 1463, 1472, 1474, 1475, 1476, 1477, 1478, 1511, 1512, 1513, 1514, 1515, 1518, 1519, 1520, 1540, 1541, 1542, 1543, 1574, 1575, 1576, 1577, 1650, 1813, 1814, 1827, 1828, 1829, 1830, 1841, 1867, 1868, 1871, 1872, 1873, 1936, 2029, 2074, 2075, 2117 & 2120 Of 2011 involves common facts and common question of law, therefore, the same are being considered and decided by this common order. For the purpose of disposal, facts in W.P.(S) 1520/2011 are set out herein. Challenge in these petitions is to the order dated 22/02/2011 (Annexure P/1) whereby the Collector, Korba, exercising his jurisdiction under the provisions of Section 85(1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short “the Adhiniyam, 1993”) has canceiled the counseling and selection process for appointment of Shiksha Karmi Grade-Ill in Janpad Panchayat, Pali, District-Korba. The indisputable facts, in brief, are that the petitioners participated in the selection process and in the counseling held on 05/02/2011 & 07/02/2011. Thereafter, the petitioners were appointed. The Collector, Korba, thereafter, passed the impugned order dated 22/02/2011 canceling the selection process and the counseling as aforestated. On the basis of the impugned order dated 22/02/2011, the services of the petitioners, who were duly appointed after selection and counseling, were terminated. Then, the impugned order dated 22/02/2011 was subsequently modified by order dated 06/04/2011 to the effect of suspending the selection process and the counseling held on 05/02/2011 & 07/02/2011 in lieu of cancellation of the selection 'and counseling as aforestated in exercise of the power conferred under Section 85 (1) ofthe Adhiniyam, 1993. 4. Learned counsel appearing for the State submits that the order dated 22/02/201 1 has been recalled and the order dated 06/04/2011 has been passed where instead of cancellation of the appointment order, the counseling & selection process has been suspended by the Collector, 5. In view of the fact that since the order dated 22/02/2011 has been modified to the extent of recalling cancellation of the selection process & counseling, by suspending the same by order dated 06/04/2011, no order passed on the basis of order dated 22/02/2011 can sustain in the eyes of law. As a sequel, the order of termination passed against the petitioners stand cancelled 6t Accordingly, it is not necessary to go into the nature and validity of the order dated 06/04/2011, as the same is not underehauenge in the petition. 7. Resultantly, the writ petitions are allowed to the extent indicated above. NO order asto costs. W,,.,...,..., Sd/- SATISH K. ANGNIHORI Judge Arun