v 'ff^S^ (^^^^7 IN THE HIGH COURT_OF CHHAmSGARH AT BILASPUR WRIT PETITION ( $ ) N0.5^1 Ob OF 2009 PETITIONERS /r' /^ .^ n /^ / )/J^ / s( '/^<y /^v •^'^ v^y :<?^' i^^Smt. Sant Jagade, W/o Kumund Lal DaHriya, aged about 38 years, R/o village post Binghare, Tah Katghora, Dist. Korba (CG). 2.^-- Dhani Ram Tandan, S/o Khor Bahraram Tandan, aged about 25 years, R/o village Mohanpur, Tahsil Lormi, Dist. Bilaspur (CG). 3^ Santosh Kumar Karsh, S/o Shobharam Karsh, aged about 39 years, R/o village Post Godhi Viya, Rajgamarg, Tah. Korba, Dist. Korba (CG). Gajnand Sahu, S/o Tikaram Sahu, aged about 30 years, R/o village Uday Bandh, Tah. Janjgir, Dist. Janjgir-Champa (CG). @rRayendra Prasad Patel, S/o Jivan Prasad, aged about 25 years, R/o village Kusmunda, Tah. Raigarh, Dist. Raigarh (CG). Pramod Kun-iar Saraf, S/o Ganesh Ram Saraf, aged about 23 years, R/o Post Pushore, Tahsil Pusore, Dist. Raigarh (CG). 7. Suresh Kumar Prajapati, S/o Lalarara Prajapati, aged about 24 years, R/o Podi Uproda Dist. Korba (CG). ^ Ul Ci^ 'vf'/- ^—.- ^yy ^."fasc"*'^" 8..- Brijpal Singh, S/o Tulsingh, aged about 23 years, R/o \>illage Dhaura Bhata, Tahsil Podi Uproda, Dist. Korba (CG). 9, Chanal&a Bhan Singh Tekam, S/o Narayan Singh Tekam, aged about 31 years, R/o village Potapani (Barhamuda), Tahsil Podi Uproda, Dist. Korba (CG). 10^ Amol Das, S/o Janki Das, aged about 29 years, R/o village Jangle Side, Korba, Dist. Korba (CG). 11.. Ragunandan Kumar Dirhe, S/o Jodhiram Dirhe, aged about 28 years, R/o village Rajhara, Tah. Podi Uproda, District Korba (CG). .^ ^WD. „ 12. Aribaht Kumar Sahu, S/o Ramakant Sahu, aged about 39 years, R/o village Katghora, Dist. Korba (CG). 13. Kishore Kumar Adiley, S/o Majhawl Prasad Adiley, aged about 33 years, R/o village Jail Road, Mohtaine Bhatha, Katghora, Dist. Korba (CG). 14. Aaarti Pandey, S/o Kanhaya ^' Lal Pandey, aged about 29 years, R/o village Katghora, Dist. Korba (CG). 1§-- Anusuya Kumar Chouhan, S/o Daulat Ram Chouhan, aged about 25 years, R/o village Maurham Godhi, Tah. Sakti, Dist. Janjgir-Champa (CG). ^' ^ 16. Laxmi Kant Chouhan, S/o Shri Parash Ram Chouhan, aged about 32 years, R/o Post Pakariya, Tah. Pamgarh, Dist. -iil f" 18. 19. 20. 21 gHN^. Janjgir-Champa (CG). Nutan Kumar Sarthi, S/o Chandan Singh Sharthi, aged about 24 years, Badhadahara, Tah. Dabhra, Dist Janjgir- Champa (CG). Durgesh Kumar, S/o Madhu Prasad, aged about 23 years, R/o Post Chhaurikala (Pathauri Bhata), Tah. Katghora, Dist. Korba (CG). Tarun Kumar, S/o Ganesh Lal, aged about 24 years, R/o village Chhaurikala, Tah. Katghora, Dist. Korba (CG). Om Prakash Rathore, S/o Shyam Lal Rathore, aged about 30 years, R/o village Chhaurikala, Tah. Katghora, Dist. Korba (CG). Lfft psdra Kumar Saha, S/o <^' Chhat Ram Saha, aged about years, R/o Maihorda, Tahsil Janjgir, Dist. Janjgir-Champa (CG). 22. Balmukund Chandra, S/o S.L. Chandra, aged about 26 years, R/o Qr.No.NE 101, CSEB Colony (East), Kashabadi, Korba (CG). ®t"'I0^6Tck&.. ^g3. ^^^^^A"a Kuniar Dewangan, S/0 Parmeshwar Prasad, aged about 21 years, R/o village Admar, Tah. Malkharoda, Dist. Janjgir-Charapa (CG). 24, Nirmal Chand Kewat, S/o Shriram, aged about 30 years, R/o village Havij, Tah. Aaldbara, Dist. Janjgir- Champa (CG). 2^r- Sudeep Jogi, S/o Sudha Ram Jogi, aged about 40 years, R/o Jogi General Stores, Irrigation Colony Chowk, Rampur, Korba, Dist. Korba (CG). 26. Ku. Puspa Chouhan, D/o Shri ^ Chhattram Chouhan, aged about 20 years, Ansari Patta Godown, F'urani Basti, Kharsia, Dist. Raigarh (CG). 27, Ku. Shanta Sushila Bara, D/o Harman Bara, aged about 29 years, R/o village Madhi, Tah. Katghora, Dist. Korba (CG). 28. Santosh Kumar Uike, S/o Dhal Pratap, aged about 25 years, R/o village Madhi, Tah. Katghora, Dist. Korba (CG). 29._ Angad Kumar Pandey, S/o Suday Pandey, aged about 34 years, R/o village Sakola, Tahsil Pendra, Dist. Bilaspur (CG). Versus RESPONDENTS ^"3. ...4. State of Chhattisgarh, Through the Secretary, Department of Panchayat and Rural Development, D.K.S. Building, Mantralaya, Raipur, (CG). Commissioner/Director, Scheduled Castes & Scheduled Tribes Development, Raipur (CG). The Collector, Korba (CG). Janpad Panchayat, Podi Uproda, through the Chief Executive Officer, Janpad Panchayat, Podi Uproda, Dist Korba (CG). Assistant Commissioner, Tribal Development, Korba (CG). CG Professional Examination Board (VYAPAM), through its Chairman, C/168, Tagore Nagar, Raipur (CG). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA i ^6'' "^ HIGH COURT OF CHHATTISGARH : BILASPUR Writ Petition (S) No. 5408 of 2009 Petitioners Smt. Sant Jahgade Ss ofhers Versus Respondents State ofChhattisgarh & others WRIT PETrrON UNDER ARTICLE 226 OF THE CONSTITUTION OP INDIA. (SB: Hon'ble Shri Satish K. Agmhotri J.) Shri Amit Kumar Sharma, Advocate for fhe petitioners. Shri N. N. Roy, Pauel Lawyer for the respondents No. 1 to 3 and 5. K! : "s ORDBR (Orall (Passed on this 17th day of Noveiaber, 2009) Heard. The petitioners seek a direction to the respondents to consider fheir cases for appointment on fhe posts of Shiksha Kanni Grade-III in Janpad Paiichayat Podi Uproda, District Korba, as per their serial uuiuber iu the waitmg Ust The in^disputable facts are fhat pursuant to the advertiseiaent dated 14.1.2008 fhe petitioners applied for fhe post of Shiksha Kanni Grade-III in Janpad Panchayat, Podi Uproda, District - Korba. After examiaati.on fhe petitioners did not find place in the select Ust; however they were kept iu the waiting list. Leamed coiinsel subinits that few niore vacaacies were created after selection, aud as such fhe respondents may be directed to issue appointiaent orders to the petitioners, who are placed ia the waituig Ust. The law is weU setfled that the persons iu the waituug Ust have not acquired auy iadefeasible right for appointment on the posts for wtuch they participated in fhe selection process. Adinittedly, the petitioners were not ia the main select list. It is for fhe employer either to take persons from. the waitmg list for appoiatoient or to hold a fresh selection for newly created posts. The petitioners have not filed any document to iudicate fhat they were in. the select list. Even ofherwise, it is not a case where the juiuors to the petitioners have been appointed aud seniors have been left out. The select list was published on 10.6.2008. In 5. 6. 7. Thakur nonnal course the waitiag Ust is not kept aliye for niore than one year, though it is not indicated in the present case asto what was fhe period prescribed for keeping the waiting Ust alive. In the case on hand, admittedly the petitioners were iu tfae waitiiig list. The petitioners have not furaished any uiaterial on record, pointing out discrunination etc., wan-anting interference. In normal course, the petitioners have no indefeasible right to appoiatinent even after their selectfon. This Court ia Writ Petition (S) No. 2057 of 2008 (Khirodhar Singh Vs. State of Chhatdsgarh & others), relymg on variQus decisions of Hon'bte Supreme Court, held that "It is trite law that a caadidate, even if, she is succesaful in the select Ust, has no indefeasible right to appoiutment. If the petitioner has no iadefeasible light to the appoiatment, no writ can be issued directing the respondents/authorities to give appoiatment to fhe petitioner or any other pcrsons". Further, -tbis Court in Rajesh Kamar Dewaagan Vs. The Life Insurance Corporatlon of India 8s others1 held fhat "fhe petitioner does not acquire an indefeasible right to be appointed on the post of Assistant pursuant to his selection" aad that"no direction can be given to issue appoiatment letter to thc petitioner though he has come out successful ia the selection process." In view of the foregoiag, the writ petition is disnussed. No order asto costs, Sd/- Satish K. Agnihotri Judge ' { 2007 (3) M.P.H.T. 22(CG)}