4-f< ^L] H 1 GH C O U RZ OF^ HHATTISGARH AT BILASPUR WritAppeal No.362of2009 APPELLANT: RESPONDENT Chhattisgarh Public Service Commission Versus RESPONDENTS: State of Chhattisgarh and others And other connected matters JUDGMENT FOR CONSIDERATION Sd/- ^j U bG E 9-3-2010 HON'BLE SHRI R.N. CHANDRAKAR. J <3C^?i--^e- ~ (T Sd/- R.N. Chandrakar Judge POSTFOR JUDGMENT ON fo-3-2010 Sd/- Dhirendra Mishra Judge ^^' HIGH COURT OF CHHATTISGARH AT BILASPUR (CG) Writ Appeal No.362 of 2009 APPELLANT: RESPONDENT Chhattisgarh Public Service Commission, Shankar Nagar Road, Raipur (CG), through its Secretary. Versus RESPONDENT: RESPONDENT RESPONDENT PETITIONER RESPONDENT PETITIONER RESPONDENT PETITIONER RESPONDENT PETITIONER RESPONDENT PETITIONER RESPONDENT PETITIONER RESPONDENT 8. 9. State of Chhattisgarh, Through Secretary, General Administration Department, DKS Building, Mantralaya, Raipur, Chhattisgarh Secretary, Home Department, DKS Building Mantralaya, Raipur, Chhattisgarh Richa Mishra, D/o R.K. Mishra, R/o C-5, Ratan Nagar, Madan Mahal, Jabalpur (M.P.) Sumitpal Singh Saluja, S/o Indrajeet Singh Saluja, R/o C/o Shantideep Rice Mill, Rajnandgaon Road, Kawardha, District Kabirdham (CG) Sandeep Agrawal, S/o O.P. Agrawal, R/o Ramsagarpara, Raipur (CG) Mona Dubey, H.R. Dubey, R/o R-4, Street-6, House No. 35, Kranti Nagar, Bilaspur, (C.G.) Devendra Kumar Chaudhary, S/o D.S. Chaudary, R/o Near the Mosque Bilaj Tangar, Pathalgaon, Tah. Pathalgaon, District Jashpur (CG) Mukesh Prasad Kushwaha, S/o Ramkchiz Prasad Kushwaha, R/o Bangla Yard, Railway Colony, Bilaspur (CG) Gopi Chand Meshram, Dy. Superintendent of Police, R/o C/o C.G. Police Academy Chandkhuri, Mandir Hasaud, District Raipur (CG) ^/b RESPONDENT RESPONDENT APPELLANT: RESPONDENT RESPQNDENT: RESPONDENT RESPONDENT PETITIONER RESPONDENT RESPONDENT 10. Roktima Rai, D/o D.P. Rai, R/o D.P. Rai Bhawan, Naya Sarkanda, Bangalipara, Bilaspur (CG) 11. Lakhan Lal Patle, Dy. Superintendent of Police, R/o C/o C.G Police Academy, Chandkhuri, Mandir Hasaud, District Raipur (CG) Writ Appeal No.373 of 2009 Chhattisgarh Public Service Commission, Shankar Nagar Road, Raipur (CG), through its Secretary. Versus 1. State of Chhattisgarh, Through Secretary, General Administration Department, DKS Building, Mantralaya, Raipur, Chhattisgarh 2. Secretary, Home Department, DKS Building Mantralaya, Raipur, Chhattisgarh 3. Mona Dubey, H.R. Dubey, R/o R-4, Street-6, House No. 35, Kranti Nagar, Bilaspur, (C.G.) 4. Roktima Rai, D/o D.P. Rai, R/o D.P. Rai Bhawan, Naya Sarkanda, Bangalipara, Bilaspur (CG) 5. Gopi Chand Meshram, Dy. Superintendent of Police, R/o C/o C.G. Police Academy Chandkhuri, Mandir Hasaud, District Raipur (CG) 6. Lakhan Lal Patle, Dy. Superintendent of Police, R/o C/o C.G Police Academy, Chandkhuri, Mandir Hasaud, District Raipur (CG) WritADpeal No.374of2009 APPELLANT: RESPONDENT Chhattisgarh Public Service Commission, Shankar Nagar nl RESPONDENT: RESPONDENT RESPONDENT PETITIONER RESPONDENT RESPONDENT APPELLANT: RESPONDENT Road, Raipur (CG), through its Secretary. Versus 1. State of Chhattisgarh, Through Secretary, General Administration Department, DKS Building, Mantralaya, Raipur, Chhattisgarh 2. Secretary, Home Department, DKS Building Mantralaya, Raipur, Chhattisgarh 3. Sumitpal Singh Saluja, S/o Indrajeet Singh Saluja, R/o C/o Shantideep Rice Mill, Rajnandgaon Road, Kawardha, District Kabirdham (CG) 4. Roktima Rai, D/o D.P. Rai, R/o D.P. Rai Bhawan, Naya Sarkanda, Bangalipara, Bilaspur (CG) 5. Gopi Chand Meshram, Dy. Superintendent of Police, R/o C/o C.G. Police Academy Chandkhuri, Mandir Hasaud, District Raipur (CG) 6. Lakhan Lal Patle, Dy. Superintendent of Police, R/o C/o C.G Police Academy, Chandkhuri, Mandir Hasaud, District Raipur (CG) WritADpeal No.375of2009 Chhattisgarh Public Service Commission, Shankar Nagar Road, Raipur (CG), through its Secretary. Versus RESPONDENT: RESPONDENT State of Chhattisgarh, Through Secretary, General Administration Department, DKS Building, Mantralaya, Raipur, Chhattisgarh Secretary, Home Department, DKS Building Mantralaya, Raipur, Chhattisgarh ")% RESPONDENT PETITIONER RESPONDENT RESPONDENT Mukesh Prasad Kushwaha, S/o Ramkchiz Prasad Kushwaha, R/o Bangla Yard, Railway Colony, Bilaspur (CG) Roktima Rai, D/o D.P. Rai, R/o D.P. Rai Bhawan, Naya Sarkanda, Bangalipara, Bilaspur (CG) Gopi Chand Meshram, Dy. Superintendent of Police, R/o C/o C.G. Police Academy Chandkhuri, Mandir Hasaud, District Raipur (CG) Lakhan Lal Patle, Dy. Superintendent of Police, R/o C/o C.G Police Academy, Chandkhuri, Mandir Hasaud, District Raipur (CG) WritAppeal No.376of2009 APPELLANT: RESPONDENT Chhattisgarh Public Service Commission, Shankar Nagar Road, Raipur (CG), through its Secretary. Versus RESPONDENT: RESPONDENT RESPONDENT PETITIONER RESPONDENT RESPONDENT 1. State of Chhattisgarh, Through Secretary, General Administration Department, DKS Building, Mantralaya, Raipur, Chhattisgarh 2. Secretary, Home Department, DKS Building Mantralaya, Raipur, Chhattisgarh 3. Sandeep Agrawal, S/o O.P. Agrawal, R/o Ramsagarpara, Raipur (CG) 4. Roktima Rai, D/o D.P. Rai, R/o D.P. Rai Bhawan, Naya Sarkanda, Bangalipara, Bilaspur (CG) 5. Gopi Chand Meshram, Dy. Superintendent of Police, R/o C/o C.G. Police Academy Chandkhuri, Mandir Hasaud, District Raipur (CG) ^) APPELLANT: RESPONDENT RESPONDENT: RESPONDENT RESPONDENT PETITIONER RESPONDENT RESPONDENT 6. Lakhan Lal Patle, Dy. Superintendent of Police, R/o C/o C.G Police Academy, Chandkhuri, Mandir Hasaud, District Raipur (CG) Writ Appeal No.377 of 2009 Chhattisgarh Public Service Commission, Shankar Nagar Road, Raipur (CG), through its Secretary. Versus 1. State of Chhattisgarh, Through Secretary, General Administration Department, DKS Building, Mantralaya, Raipur, Chhattisgarh 2. Secretary, Home Department, DKS Building Mantralaya, Raipur, Chhattisgarh 3. Devendra Kumar Chaudhary, S/o D.S. Chaudary, R/o Near the Mosque Bilaj Tangar, Pathalgaon, Tah. Pathalgaon, District Jashpur (CG) 4. Roktima Rai, D/o D.P. Rai, R/o D.P. Rai Bhawan, Naya Sarkanda, Bangalipara, Bilaspur (CG) 5. Gopi Chand Meshram, Dy. Superintendent of Police, R/o C/o C.G. Police Academy Chandkhuri, Mandir Hasaud, District Raipur (CG) 6. Lakhan Lal Patle, Dy. Superintendent of Police, R/o C/o C.G Police Academy, Chandkhuri, Mandir Hasaud, District Raipur (CG) Writ Appeal No.378 of 2009 APPELLANT: RESPONDENT Chhattisgarh Public Service Commission, Shankar Nagar Road, Raipur (CG), through its Secretary. ^o RESPONDENT: RESPONDENT RESPONDENT PETITIONER RESPONDENT RESPONDENT Versus State of Chhattisgarh, Through Secretary, General Administration Department, DKS Building, Mantralaya, Raipur, Chhattisgarh Secretary, Home Department, DKS Building Mantralaya, Raipur, Chhattisgarh Vikas Goswami, S/o Vinod Goswami, resident of Goswami Medical Store, Post Dongargaon, District Rajnandgaon (CG) Roktima Rai, D/o D.P. Rai, R/o D.P. Rai Bhawan, Naya Sarkanda, Bangalipara, Bilaspur (CG) Gopi Chand Meshram, Dy. Superintendent of Police, R/o C/o C.G. Police Academy Chandkhuri, Mandir Hasaud, District Raipur (CG) Lakhan Lal Patle, Dy. Superintendent of Police, R/o C/o C.G Police Academy, Chandkhuri, Mandir Hasaud, District Raipur (CG) WritAppeal No.379of2009 APPELLANT: RESPQNDENT Chhattisgarh Public Service Commission, Shankar Nagar Road, Raipur (CO), through its Secretary. Versus RESPONDENT: RESPONDENT State of Chhattisgarh, Through Secretary, General Administration Department, DKS Building, Mantralaya, Raipur, Chhattisgarh Secretary, Home Department, DKS Building Mantralaya, Raipur, Chhattisgarh RESPONDENT Devcharan Patel, s/o Shri ^J PETITIONER RESPONDENT RESPONDENT Gokul Prasad Patel, R/o C/o Shri D.C. Patel, Madhuban Road, Bilaspur, District Bilaspur (CG) Roktima Rai, D/o D.P. Rai, R/o D.P. Rai Bhawan, Naya Sarkanda, Bangalipara, Bilaspur (CG) Gopi Chand Meshram, Dy. Superintendent of Police, R/o C/o C.G. Police Academy Chandkhuri, Mandir Hasaud, District Raipur (CG) Lakhan Lal Patle, Dy. Superintendent of Police, R/o C/o C.G Police Academy, Chandkhuri, Mandir Hasaud, District Raipur (CG) WritAppeal No.358of2009 APPELLANT: PETITIONER RESPONDENTS: Respondent No.1 RESPONDENT RESPONDENT Richa Mishra, aged about 34 years, D/o R.K. Mishra, R/o C- 5, Ratan Nagar, Madan Mahal, Jabalpur, Madhya Pradesh Versus State of Chhattisgarh, Through Secretary, General Administration Department, DKS Building, Mantralaya, Raipur, Chhattisgarh Chhattisgarh Public Service Commission, through the Secretary, Chhattisgarh Public Service Commission, Shankar Nagar, Raipur (CG) Gopi Chand Meshram, aged about 26 years, Dy. Superintendent of Police, R/o C/o C.G. Police Academy Chandrakhuri, Mandir Hasaud, District Raipur (CG) WritAppeal No.353of2009 APPELLANTS: 1. Ku. Monika Thakur, D/o Shri K. Thakur, aged about 29 years, <%z> S.P. Office, Bilaspur, CG Ku. Madhulika Singh, D/o Shri Yugal Kishore Singh, aged about 31 years, S.P. Office, Korba, CG Anshuman Singh Sisodiya, S/o Shri Raghunath Singh Sisodiya, aged about 28 years, S.P. Office, Durg, (CG) Shri Sanjay Dhruv, S/o late Manihar Singh, aged about 29 years, S.P. Office, Dhamtari, (CG) Ku. Amrita Sori, D/o Shri S.R. Sori, aged about 30 years, S.P. Office, Raigarh, District Raigarh (CG) Shri Deo Narayan Patel, late Shri J.P. Patel, aged about 34 years, S.P. Office, Raipur (CG) Abhishek Verma, S/o Shri R.K. Verma, aged about 29 years, S.P. Office Kanker, (CG) Versus RESPONDENTS: (Respondent No.1) RESPONDENT Respondent No.3 in WP(S) 3809/07 & Res. 5 in WP(S) 4294/08, 3203/08, 3841/08 & 3204/08 Petitioner in WP(S) 3809/07 Petitioner in WP(S) 3203/08 State of Chhattisgarh, Through Secretary, General Admjnistration Department, DKS Building, Mantralaya, Raipur, Chhattisgarh Secretary, Chhattisgarh State Public Service Commission, Shankar Nagar, Raipur (CG) Shri Gopichand Meshram, Dy. Superintendent of Police, C/o C.G. Police Academy, 3202/08, Chandrakhuri, Mandir Hasaud, District Raipur (CG) Richa Mishra, D/o Shri R.K. Mishra, aged about 32 years, R/o C-5, Ratan Nagar, Madan Mahal,Jabalpur(M.P.) Shri Sandeep Agrawal, S/o Shri O.P. Agrawal, aged about 29 years, R/o Ramsagarpara, Raipur (CG) ^ Petitioner in WP(S) 3202/08 Petitioner in WP(S) 3204/08 Petitioner in WP(S) 3841/08 Petitioner in WP(S) 4294/08 Respondent 4 in WP(S) 4294/08, 3203/08, 3202/08, 3841/08 & 3204/08 Respondent 6 in WP(S) 4294/08, 3203/08, 3202/08, 3841/08& 3204/08 9 APPELLANT: 6. Shri Sumitpal Singh Saluja, S/o Shri Indrajeet Singh Saluja, aged about 30 years, C/o Shantideep Rice Mill, Rajnandgaon Road, Kawardha, District Kabirdham (CG) 7. Mona Dubey, D/o Shri H.R. Dubey, aged about 36 years, R/o R-4, Street-6, House No. 35, Kranti Nagar, Bilaspur, (C.G.) 8. Shri Devendra Kumar Chaudhary, S/o Shri D.S. Chaudary, aged about 34 years, R/o Near the Mosque Bilai Tangar, Pathalgaon, Tah. Pathalgaon, District Jashpur (CG) 9. Shri Mukesh Prasad Kushwaha, S/o Ramkchiz Prasad Kushwaha, aged about 34 years, R/o Bangla Yard, Railway Colony, Bilaspur (CG) 10. Roktima Rai, D/o D.P. Rai, aged about 32 years, R/o D.P. Rai Bhawan, Naya Sarkanda, Bangalipara, Bilaspur (CG) 11. Lakhan Lal Patel, aged about 34 years, Dy. Superintendent of Police, Police Academy, Chandrakhuri, Mandir Hasaud, Raipur (CG) WritADpeal No.354of2009 Harish Yadav, S/o Shri Kamodram Yadav, aged 29 years, Occupation Service, Deputy Superintendent of Policed, presently posted at Bhanupratappur, District Kanker (CG) Versus RESPONDENTS: Petitioner in writ petition Respondent No.1 in writ petition Richa Mishra, D/o Shri R.K. Mishra, aged about 32 years, R/o C-5, Ratan Nagar, Madan Mahal, Jabalpur (M.P.) State of Chhattisgarh, Through the Secretary, General <s4- Respondent No.2 in 3. writ petition Respondent No.3 in 4. writ petition 10 Administration Department, Mantralaya, DKS Bhawan, Raipur. Chhattisgarh Public Service Commission, through the Secretary, Shankar Nagar, Raipur. Gopi Chand Meshram, aged about 26 years, Dy. Superintendent of Police, R/o C/o Police Academy Chandrakhuri, Mandir Hasaud, District Raipur. WritADpeal No.356of2009 APPELLANTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. Rohit Kumar Jha, S/o Shri R.C. Jha, aged about 30 years, S.P. Office, Surajpur, CG Anant Kumar Sahu, S/o Balram Sahu, aged about 32 years, S.P. Office Korba, (CG) Lakhan Patle, S/o Shri Tammoo Lal Patle, aged about 33 years, S.P. Office Janjgir, (CG) Patel, S/o Shri aged about 26 Office, Surajpur Tarkeshwar R.C. Patel, years, S.P. (CG) Varsha Mehar, C/o Shri B.L. Mehar aged about 29 years, S.P. Office, Durg, (CG) Umesh Kumar Kashyap, S/o Shri Kaushal Singh Kashyap, aged about 32 years, S.P. Office, Bilaspur (CG) Pratipal Singh Bagri, S/o Shri Daddu Prasad Bagri, aged about 28 years, S.P. Office, Raigarh, District Raigarh (CG) Prakhar Sharma, S/0 Dr. D.K. Sharma, Aged About 28 Years, S.P. Office, Raigarh, District Raigarh (CG) Om Prakash Chandel, S/o Shri Madhav Singh Chandel, aged 11 about 35 years, S.P. Office, Rajnandgaon, District Rajnandgaon (CG) Versus ^ RESPONDENTS: (RespondentNo.1) RESPONDENT Respondent No.3 in WP(S) 3809/07 & Res. 5 in WP(S) 4294/08, 3203/08, 3841/08 & 3204/08 Petitioner in WP(S) 3809/07 Petitioner in WP(S) 3203/08 Petitioner in WP(S) 3202/08 Petitioner in WP(S) 3204/08 Petitioner in WP(S) 3841/08 Petitioner in WP(S) 4294/08 1. State of Chhattisgarh, Through Secretary, General Administration Department, DKS Bhawan, Raipur, Chhattisgarh 2. Secretary, Chhattisgarh State Public Service Commission, Shankar Nagar, Raipur (CG) 3. Shri Gopichand Meshram, Dy. Superintendent of Police, C/o C.G. Police Academy, 3202/08, Chandrakhuri, Mandir Hasaud, District Raipur (CG) 4. Richa Mishra, D/o Shri R.K. Mishra, aged about 32 years, R/o C-5, Ratan Nagar, Madan Mahal, Jabalpur (M.P.) 5. ShriSandeepAgrawal,S/oShri O.P; Agrawal, aged about 29 years, R/o Ramsagarpara, Raipur (CG) 6. Shri Sumitpal Singh Saluja, S/o Shri Indrajeet Singh Saluja, aged about 30 years, C/o Shantideep Rice Mill, Rajnandgaon Road, Kawardha, District Kabirdham (CG) 7. Mona Dubey, D/o Shri H.R. Dubey, aged about 36 years, R/o R-4, Street-6, House No. 35, Kranti Nagar, Bilaspur, (C.G.) 8. Shri Devendra Kumar Chaudhary, S/o Shri D.S. Chaudary, aged about 34 years, R/o Near the Mosque Bilai Tangar, Pathalgaon, Tah. Pathalgaon, District Jashpur (CG) 9. Shri Mukesh Kumar Kushwaha, S/o Ramkchiz Prasad Kushwaha, aged about 34 years, R/o Bangla Yard, %^ ^-^^ 12 Respondent 4 in WP(S) 4294/08, 3203/08, 3202/08, 3841/08 & 3204/08 Respondent 6 in WP(S) 4294/08, 3203/08, 3202/08, 3841/08 & 3204/08 APPELLANTS: RESPONDENTS: (RespondentNo.1) Railway Colony, Bilaspur (CG) 10. Roktima Rai, D/o D.P. Rai, aged about 32 years, R/o D.P. Rai Bhawan, Naya Sarkanda, Bangalipara, Bilaspur (CG) 11. Lakhan Lal Patel, aged about 34 years, Dy. Superintendent of Police, Police Academy, Chandrakhuri, Mandir Hasaud, Raipur (CG) WritADpeal No.367of2009 1. Archana Jha, aged about 24 years, W/o Shri Nimesh Jha, presently post as Deputy Superintendent of Police, Raipur, R/o P/5, Panchsheel Nagar, Near Chhattisgarh Club, Civil Lines, Raipur (CG) 2. Sanjay Mahadeva, aged about 29 years, S/o Shri Mewalal Mahadeva, presently posted as Deputy Superintendent of Police, Jashpur, R/o Gram Lidri, Post Jarondha, Tahsil Takatpur, District Bilaspur 3. Pratibha Tiwari, aged about 27 years, D/o Shri Gopal Prasad Tiwari, presently posted as Deputy Superintendent of Police, Jagdalpur, R/o Ram Saptah Chowk, Bilha, District Bilaspur (CG) 4. Uneja Ansari, aged about 28 years, D/o Shri A. Ansari, presently posted as Deputy Superintendent of Police, Jagdalpur, R/o Near Pujari School, Raja Talab Raipur, (CG) Versus 1. State of Chhattisgarh, Through Secretary, General Administration Department, DKS Bhawan, Raipur, Chhattisgarh ^r 13 RESPONDENT Respondent No.3 in WP(S) 3809/07 & Res. 5 in WP(S) 4294/08, 3203/08, & 3204/08 Petitioner in WP(S) 3809/07 Petitioner in WP(S) 3202/08 Petitioner in WP(S) 3203/08 Petitioner in WP(S) 3202/08 Petitioner in WP(S) 8. 3841/08 Petitioner in WP(S) 9. 4294/08 Chhattisgarh Public Service Commission, through the Secretary, Shankar Nagar, Raipur (CG) Gopi Chand Meshram, aged about 26 years, Dy. Superintendent of Police, R/o C/o C.G. Police Academy, Chandrakhuri, Mandir Hasaud, District Raipur (CG) Richa Mishra, aged about 32 years, D/o Shri R.K. Mishra, R/o C-5, Ratan Nagar, Madan Mahal, Jabalpur (M.P.) Sumitpal Singh Saluja, S/o Shri Indrajeet Singh Saluja, aged about 30 years, C/o Shantideep Rice Mill, Rajnandgaon Road, Kawardha, District Kabirdham (CG) Sandeep Agrawal, S/o Shri O.P. Agrawal, aged about 29 years, R/o Ramsagarpara, Raipur (CG) Mona Dubey, D/o Shri H.R. Dubey, aged about 36 years, R/o R-4, Street-6, House No. 35, Kranti Nagar, Bilaspur, (C.G.) Devendra Kumar Chaudhary, S/o Shri D.S. Chaudary, aged about 34 years, R/o Near Mosque Bilai Tangar, Pathalgaon, Tah. Pathalgaon, District Jashpur (CG) Mukesh Prasad Kushwaha, S/o Ramkchiz Prasad Kushwaha, aged about 34 years, R/o Bangla Yard, Railway Colony, Bilaspur(CG) WritAppeal No.382of2009 APPELLANTS: 1. Deepmala Saini, aged about 29 years, D/o Shri Shiv Kumar Saini, presently posted as Deputy Superintendent of Police, Mahasamund, R/o Near Homeguard Camp, Kududand, Bilaspur (CG) ^ 14 Anil Kumar Soni, aged about 32 years, S/o Shri Hiralal Soni, presently posted as Deputy Superintendent of Police, Rajnandgaon, R/o Sindhipara, Takhatpur, District Bilaspur (CG) Rama Patel, aged about 34 years, D/o Shri B.P. Patel, presently posted as Deputy Superintendent of Police, Raipur, R/o 27 Kholi, Vikas Nagar, Bilaspur (CG) Versus RESPONDENTS: (RespondentNo.1) RESPONDENT Respondent No.3 in WP(S) 3809/07 & Res. 5 in WP(S) 4294/08, 3203/08, & 3204/08 Petitioner in WP(S) 3809/07 Petitioner in WP(S) 3202/08 Petitioner in WP(S) 3203/08 Petitioner in WP(S) 3202/08 6. State of Chhattisgarh, Through Secretary, General Administration Department, DKS Bhawan, Raipur, Chhattisgarh Chhattisgarh Public Service Commission, through the Secretary, Shankar Nagar, Raipur (CG) Gopi Chand Meshram, aged about 26 years, Dy. Superintendent of Police, R/o C/o C.G. Police Academy, Chandrakhuri, Mandir hlasaud, District Raipur (CG) Richa Mishra, aged about 32 years, D/o Shri R.K. Mishra, R/o C-5, Ratan Nagar, Madan Mahal, Jabalpur (M.P.) Sumitpal Singh Saluja, S/o Shri Indrajeet Singh Saluja, aged about 30 years, C/o Shantideep Rice Mill, Rajnandgaon Road, Kawardha, District Kabirdham (CG) Sandeep Agrawal, S/o Shri O.P. Agrawal, aged about 29 years, R/o Ramsagarpara, Raipur (CG) Mona Dubey, D/o Shri H.R. Dubey, aged about 36 years, R/o R-4, Street-6, House No. 35, Kranti Nagar, Bilaspur, (C.G.) ^&^^^ ^ Petitioner in WP(S) 3841/08 Petitioner in WP(S) 4294/08 15 8. Devendra Kumar Chaudhary, S/o Shri D.S. Chaudary, aged about 34 years, R/o Near Mosque Bilai Tangar, Pathalgaon, Tah. Pathalgaon, District Jashpur (CG) 9. Mukesh Prasad Kushwaha, S/o Ramkchiz Prasad Kushwaha, aged about 34 years, R/o Bangla Yard, Railway Colony, Bilaspur (CG) AND WritAppeal No.2of2010 APPELLANT: Selected candidate RESPONDENTS: Present: Ku. Pooja Agrawal, D/o S.K. Agrawal, aged about 25 years, R/o Agroha Road, Korba, District Korba (CG) Versys State of Chhattisgarh, Through Secretary, General Administration Department, DKS Bhawan, Raipur, Chhattisgarh Chhattisgarh Public Service Commission, through the Secretary, Shankar Nagar, Raipur (CG) Richa Mishra, aged about 32 years, D/o Shri R.K. Mishra, R/o C-5, Ratan Nagar, Madan Mahal,Jabalpur(M.P.) Shri Sanjay K. Agrawal with Shri B.D. Guru, counsel for the Chhattisgarh State Public Service Commission. Shri P.S. Koshy, Shri Rajiv Shrivastava, Shri Ranbir Singh Marhas, Shri Matin Siddique, Shri Jitendra Pali, Shri Shailendra Dubey, Shri Rajnish Kumar Shrivastava, Advocates for the appellants. Shri Kishore Bhaduri, Additional Advocate General with Shri U.N.S. Deo, Govt. Advocate for the State. Shri Prateek Sharma, counsel for the private respondents. ^ 16 Division Bench: Hon'ble Shri Dhirendra Mishra & Hon'ble Shri R.N. Chandrakar. JJ. JUDGMENT -^. (Delivered on JO' March, 2010) The following judgment of the Court was delivered by Dhirendra Mishra, J. 1. These writ appeals are being disposedof by a common order, as they arise out of the judgment dated 16th November, 2009 passed in W.P.(S) No.3809/07, WP(S) Nos.3202, 3203, 3204, 3841 and 4294 of 2008 & other connected matters disposed of by the learned Single Judge in terms of the order passed in the aforesaid petitions. 2. Briefly stated facts of the case are that the Chhattisgarh Public Service Commission (for short 'Commission') issued an advertisement on 27 August, 2005 for selection of various civil services and the Police Services Posts through the State Services Examination, 2003. For the post of Deputy Superintendent of Police (for short 'DySP'), the provisions of the Chhattisgarh Police Executives (Gazetted) Service Recruitment and Promotion Rules, 2000 (for short 'the Rules, 2000') were made applicable. The petitioners participated in the selection process, however, their names were not considered for appointment on the post of DySP on the ground of over age as the petitioners had attained the age of more than 25 years, maximum age limit prescribed under the Rules, 2000 and advertisement. 3. The petitioners challenged the select lisVmeritlist dated 17 May 2007 issued by the Commission on the ground that selections were made in violation of the Chhattisgarh Police Executive (Gazetted) Service Recruitment and Promotion Rules, 2005 (for short 'the Rules, ^>\ 17 2005') and prayed for direction to the respondent authorities to issue a fresh select/merit list in accordance with the Rules, 2005 for the post of DySP with all consequential benefits. 4. The petitioner in Writ Petition (S) No.3809/2007challenged the select list also on the ground that she was not given benefit of age relaxation for appointment on the post of DySP in spite of the fact that she was working in the Excise Department of the State of Chhattisgarh and thus she was entitled to age relaxation for 8 years. 5. Writ Petition (S) No.3809/2007 filed by petitioner Richa Mishra has been dismissed with a finding that she entered into a Government job in pursuance of the appointment order dated 24-1-2006 after the cut- off date i.e. 1st January, 2006 and thus, she was not entitled to the benefit of age relaxation as on account of being government servant. She had also not completed the basic requirement of 6 months service before the cut-off date as provided in the Rules, 2005. 6. Allowing the other writ petitions, select/merit list dated 17th May, 2007 issued by the PSC for appointment on the post of DySP has been quashed and the PSC has been directed to prepare a fresh selection list for appointment on the post of DySP on the basisof merit treating the persons to be within age, if they were within maximum age limit of 27 years on the cut-off date under Rule-35. If the petitioners are found successful in the merit list for appointment on the post of DySP, they shall be granted appointment in accordance with law. 7. The finding recorded by the learned Single Judge may be summarized as under:- ^ t- ^^•-.-^: 18 • "The Rules, 2005 was made in exercise of power conferred by proviso to Article 309 of the Constitution of India, in supersession of the previous rules in the subject and as such after 28 June, 2005, the Rules, 2000 were not in existence. Since the impugned advertisement was issued on 27 August, 2005, the relevant date of vacancy was the date of impugned advertisement dated 27th August, 2005. • After the Rules, 2005 came into force with effect from 28th June, 2005, the applicability of the Rules, 2000 in advertisement dated 27th August, 2005 was illegal and unconstitutional; schedule III appended with the Rules, 2005 for appointment on the post of DySP, headquarters, training police academy, PTC, PTS, Security, Line, Area Superintendent and Assistant Commandant, minimum age limit prescribed is 21 years and the maximum limit is 28 years. • The Home Department sent first requisition on 27 September, 2004 and second requisition on 22nd March, 2005 to the PSC specifying the relevant rules i.e. the Rules, 2000. The subsequent requisition was sent on 18th April, 2006 after publication of the advertisement on 27th August, 2005 and thus, it is established that the entire selection process for appointment on the post of DySP was done on the basis of old rules i.e. the Rules, 2000 which has been superseded/repealed on 28 June, 2005. Appointment of the successful candidates on the post of DySP would not confer any right on them as appointment in accordance with non-existent Rules, 2000 is illegal and unconstitutional." ^ 19 8. The main contentions canvassed by learned counsel appearing for the appellants, during final hearing, may be summarized as under:- "(i) All the writ petitioners except Richa Mishra participated in the entire selection process without questioning the advertisement prescribing the application ofthe Rules,2000; they also did not give their preference for the post of DySP in their application. They questioned select list on or after 24th June, 2008, by the time select list became final and culminated into the appointment, in these circumstances, the petitioners cannot be permitted to challenge the select list and they are not entitled for any relief and the petitions suffers from vice of delay and laches. Writ petitioners, except Richa Mishra having not given their preference for the post of DySP on the date of interview as per clause-39 of the advertisement, cannot be permitted to challenge the select list of DySP as being not in the zone of consideration as they were ineligible for the post of DySP. No writ of mandamus can be issued in their favour. (ii)Writ petitions are liable to be dismissed for non- joinder of the candidates who have been appointed after selection." (iii) The process of recruitment has already been completed in the year 2007, therefore, in the absence of any allegation of malafide, favouritism or corruption, finality has to be attached to the recruitment process initiated and completed by the PSC by public examination. (iv) The first and second requisition to commence recruitment process against the vacant seats to the post of DySP was made when the Rules of 2000 was 20 in force, therefore, recruitment has rightly been made under the Rules, 2000. Even otherwise, the Rules, 2005 makes no change in age criteria for appointment to the post of DySP. 9. Firstpoint: All the writ petitioners except Richa Mishra participated in the entire selection process without questioning the advertisement prescribing the application of the Rules, 2000; they also did not give their preference for the post of DySP in their application. They questioned select list on or after 24th June, 2008, by the time select list became final and culminated into the appointment, in these circumstances, the petitioners cannot be permitted to challenge the select list and they are not entitled for any relief and the petitions suffers from vice of delay and laches. Writ petitioners except Richa Mishra having not given their preference for the post of DySP