Cy€- ^^1. BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (CG) WRIT PETITION fS^ N0. <A^^ /2010 fVIRES OF RECRUITMENT RULES UNDER CHALLENGE) WRIT PETITION UNDERARTICLE 226/227 OFTHE CONSTITUTION OF INDIA, PETITIONERS l^ Smt. Varsha Goswami, aged about 27 years, W/o Shri VikramGiri Goswami, occupation - Data Entry Operator, Office of Managing Director, Zila Vanopaj Sahkari Sangh Maryadit - Forest Division Raipur, Distt. Raipur (CG). ^ Mf^ ~79, \r^€ 2. ' Sahe Aazam, aged about 32 years, S/o. Shri M.A. Hanfi, occupation - Data Entry Operator, Office of Managing Director, Zila Vanopaj Sahkari Sangh Maryadit Distt. Korea (CG) 3. Nilam Kumar Khotel, aged about 28 years, son of Shri Tularam Khotel, occupation - Data Entry Operator, Chhattisgarh Rajya Laghu Vanopaj (Vyapar Evam Vikas) Sahkari Sangh Maryadit, A- 25, VIP Estate, H.Q. Khamhardeeh, Shankar Nagar, Raipur (CG) 4. t: Prahlad KumarBhariya, aged about 26 years, S/o Shri Kewal Sai Bhariya, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit Marwahi (Pendra Road) Distt. Bilaspur (CG) 5. Ku. Jaya Chandrawanshi, aged about 31 years, D/o Shri L.S. Chandrawanshi, occupation - Data Entry Operator, Chhattisgarh Rajya Laghu Vanopaj (Vyapar Evam Vikas) Sahkari Sangh Maryadit, A- L- 6. ^' 7. ^" 8. T' <^ .iea .^ ^" o^. 25, VIP Estate, H.Q. Khamhardeeh, Shankar Nagar, Raipur (CG) Bharat Bhushan Tandon, aged about 34 years, S/o Shri Asthir Das Tandon, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit - Narayanpur, Distt. Narayanpur (CG) Smt. Rekha Dewangan, aged about 27years, W/o Shri Surendra Kumar Dewangan, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit Khairagarh, Distt. Rajnandgaon (CG) Ku.Indira Malviya, aged about 33 years, D/o Shri H.S. Malviya, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit Mahasamund (CG). Ku. Soma Paal, aged about 30 years, D/o Shri Niranjan Ku. Paal occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit Durg Distt. Durg (CG). Ku. Bhavika Gupta, aged about 27 years, D/o Shri Shailendra Kumar Gupta, occupation - Data Entry Operator, Office of Managing Director Zi!a Vanopaj Sahkari Sangh Maryadit Bilaspur, Distt. Bilaspur (CG). Om Prakash Sahu, aged about 35 years,son of Shri Dayal Das Sahu, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit - Raipur Forest Division - (E) Raipur (CG). r^ ^- a. Q- u- ^ ^ Ajis A. Panikar, aged about 30 years, son of Shri S. Anirudhan Panika, occupation - Data Entry Operator, Chhattisgarh Rajya Laghu Vanopaj (Vyapar Evam Vikas) Sahkari Sangh Maryadit, A- 25, VIP Estate, H.Q. Khamhardeeh, Shankar Nagar, Raipur (CG) Manoj Kumar Mishra, aged about 35 years, son of Shri Laxmi Narayan Mishra, occupation - Data Entry Operator, Chhattisgarh Rajya Laghu Vanopaj (Vyapar Evam Vikas) Sahkari Sangh Maryadit, A- 25, VIP Estate, H.Q.Khamhardeeh, Shankar Nagar, Raipur (CG) Shivpal Sharma, aged about 32 years, son of Shri Ramesh Lal Sharma, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit - Dantewara, Distt. Dantewara (CG) ^' 4r 1$7 $^ "^ ^i@| RESPONDENTS 1. 2; Kranti Rohitas, aged about 27 years, son of Shri Manoj Kumar Rohitas, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit - Udanti Van Mandal - Gariyaband, Distt. Raipur (CG) VERSUS State of Chhattisgarh, through - Secretary, Department of Forest, D.K.S. Bhawan, Raipur (C.G.) Secretary, Department of General Administration, State of Chhattisgarh, Dau Kalyan Singh Bhawan, Raipur (CG) 3. Managing Director, Chhattisgarh Rajya Laghu Vanopaj (Vyapar Evam Vikas) Sahkari Sangh Maryadit, A-25, VIP Estate, Khamhardeeh, Shankar Nagar, , Raipur (CG) 4. Chief Conservator of Forest, Deptt of Forest, State of Chhattisgarh, Raipur (CG) HIGH CGURT GF CHHATTISOARH AT Biy^PUR WrjlPetitiQn (SLNo. 4590 of 2010 PETJTIONERS : Smt. Varsha Goswami and others : The of Chhattlsgarn anct others. : Ram Sanehi Yadav and others. s Vem.us "he of Chhattlsgarh and others. • DivislQn Bench: CONSTJTUTSON OF Hon'bte Shri i.M. Quddusi & Hoil'ble Shrl N.K. Agarwa!, JJ. Present: Shrl A.N. Bhakta, counsei for the getjtioners. Shri Y.S. Thakur, Deputy Advocafe Generai for the State/respondents, ORALO.RDER (Passed on 18th day of August, 2010) Perl.M. Quddusj. J, Heard. 2. 8y this common order, these writ petitions j.e. VV.P.(S) No. 4596/2010 & W.P.(S) No.4165/2010 are being disposed of as common facts and issues are Involved in these writ petitions, 3. These.two writ petjtions flled by the petltioners who were .appointed cn contractual basls eariier as Data Entry Operators. Chalienge to the advertisement for regular appojntment through these writ petltlons has been made inter-aila on the ground that slncethe petitioners had experience by getting contractual appointment ors the of Data Entry Operators, they should be provltied the beneflt of preferentiaj right of experience as v^e!E as bonus marks for experience and the respondents be djrected to snsert the same by way of ciause in theterms and conditions of selection/'recruitment on regufar basis. ..t^ [^ Kvr 4. Learned Deputy Advocate Generaj was' dlrected' to obtajn Instructions and according to his instructions, for the of Data Entry Operators, there wiii not be any intemew and oniy the written examinatlon as weil as p.raotlca.i are conducted and, therefore, is no scope of awarding marks for experience or any preferentlai rlght. The petrtioners who were glven contractual appolntments can do on the basis of their'experience In the written as well as practlcai examinatlons. Therefore, there is no to any discrimination in the process ofselection^ 5. in our oplnion, the sejectlon on reguiar post •of Entry Operators which on 13-08-2009 is to be in the department of Forest. Provlding opportunlty In reiation to empioyment enshrined in ArtJcle 18 of the Constitutjon of india is a fundamentai rlght to aii the citlzens. 6. Therefore, issuing- to gjve preferentlai right of experience ete. in the selectjon in is beyond the of judldal review of the Courts. 7. At this stage, iearned counsel appearing for the petJtioners has submitted that the petitioners had filed their representations for absorption hefore Hon'ble the Chief ivlinister who has passed the orders to act in accordance with law. Though v^e are not Jndined to interfere Jn the matter but dtsmissai of these writ petltlons woutd not effect the declsion of the State Government, if taken 1n tavour of the petitioners. 8. 9. With the above observation, these writ petitions are dismissed. No order as to costs. Sd/- I.M. Quddusi Judge Sd/- N.K.Agarwal Judge