HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. : HON'BLE MR. 8ATISH K. AGNmOTRI, J. WRIT PETITION (S) No. 1601 PETITIONER RESPONDENTS Ajay Kumar Khalkho s/o B.R.Khalkho aged about 30 years, Occupation- Assistant Grade III, working at office of Regional Transport Of&cer Jagdalpur District - Bastar (C.G.) VERSUS 1. State of Chhattisgarh, Through the Secretary, Department of Transport, D.K.S. Bhawan, Raipur, Distriet -Raipur (C.G.) 2. The Transport Commissioner, For State of C.G. Ofiice at New Bus Stand Pandri, Raipur (C.G.) 3. The Addi. Commissioner, For State of C.G. Office, at new Bus Stand Pandri, Raipur(C.G.) Shri F.S.Khare, Advocate for the petitioner. Shri Vinay Pandey, Panel Lawyer for the State/respondents 1 to3. (Passed on 20m March 2007) 1. The petitioner was working as Assistant Grade-III ia the office of Regional Transport Officer, Jagdalpiir, District Bastar. The then Transport Commissioner cum Principal Secretary Home (Transport) in his proceedings dated Nil (Annexure P/2), after having quoted provisions for recruitment on the post of Transport Sub Inspector under the provisions of M.P. Transport Department (Class III Executive) Services RecruitmentRules; A 1969, (which was gazetted on 9 February, 1971) recommended the name of tfae petitioner for appointment on the post of Sub Inspector as a special case and passed the order of appointment. The provisions under Rules 1969 clearly speciiy that appointment on the post ofTransport Sub Inspector shall be as follows: 55% through Direct Recruitment by examination conducted by Public Service Commission. 20% on promotion from clerical grade by limited competitive exammation. 10% by way ofpromotion and 15% on deputetion from Police Department. 2. Thus. it is ciear that from derical Grade i.e. Assistant Grade-III to the post of Transport Sub Inspector, the promotions would be through limited competitive examination to the extent of20% of the seats available. 3. The Transport Commissioner, afier having regard to the provisions has directed to appomt the petitioaer without following the due process of law. This appointment is dehors the constitutional scheme ofemployment as other similarly situated persons have not been given opportunity to appear in the examination for promotion to the post ofTransport Sub Inspector. 4. It is well settled that any appointmetit which is not in accordance with the constitutional scheme is bad and void ab-initio, ^ In view ofthe foreaoing. this netition is accordinslv dismissed- No Amit order as to costs. Sd/- Satish K. Agnihotri Judge