.•.••"I'St SJ& (.o IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petifion N0. 4f 1-6 12005 PETITIONER Satya Narayan Patel ...-^~). ••' r\** ^^' ^-^ ,'t>\'i^. ^' 0~.-<S?^./..-'' 1^' .•• ^^ 7'W .'<»•^ ^•'.^;-^ ^y ^O-^A--'" ^'tf' RESPONDENTS 'S/o. Rameshwar Patel Aged about 21 years , Presently posted as Shikshakarmi 'Grade-lll At Govt. P.S. School Madwa,District Janjgir-Champa (C.G.) R/o. Vill. & Post Pendarwa District Janjgir-Champa (C.G.) VERSUS >1. State of Chhattisgarh Through : Secretary Department of Panchayat & Rural Development , Mantralaya D.K.S., Bhawan , Raipur (C.G.) ^2. The Collector , Jangjir-Champa District Jangjir-Champa (C.G.) 9<^ Janpad Panchayat Dabhara Through : Its Chief Executive Officer Dabhara, Dist. Jangjir-Champa (C.G.) WRIT PETITION U/A 226/227 OF THE CONSTITUTION OF INDIA XI-HC-78 Hl*1^11 ShHlch • 3ST-:qPTRPT, tSntiti'16, (qciwy .A\M.. wr 2oog' OT^?TCR^ (^3^?T) STI^TqiTR-lich TOTSn^TstiHich ?T<ITWtrf^(T3n^T 26.7.2006:- flost thlat Miss Dipali Pandey, counse) Shri G.K. Beriwal, Deputy A| for respondents No.1 and 2. Shri Vivek Verma, counsel ffsr Shri Hari Ram Sidar, Chtefl Dabhra, District Janjgir-Champa (QIC) Heard. By the instant petition, the| and correctness ofthe order datedl petitioner's appointment on the order dated 21-6-2005 has been c^r The petitioner's case is appointment of the petitioner thi granting2.5% marks to the petitic|ner been selected on merit as per th^ petitioner never submitted any NC(p marks on that basis. Learned counsel for respor|dents adopt the reply filed on behalf of| been mentioned that vide ord< appointment on the post of Shiksh^ petitioner was wrongly given additi|onal of NSS certificate whereas, there i) additional marks for N.S.S. certific^te, petitioner was cancelled because the petitioner was out of the merit li|st. qrofaifrT TORff^'te^r ifSrRR ^;3ri^tT3f1^T forthepetitioner. G. with Shri Satish Gupta, Deputy G.A. respondent No.3. Executive Officer, Janpad Panchayat, is also present in the Court. petitioner has questioned the legality |11-7-2005, Annexure-P/1, whereby the of Shiksha Karmi, Grade-111, vide ^ncelled. the ground for cancellation of the |t he has been appointed illegally by is not correct. The petitioner has marks allotted in the interview. The certificate and he never claimed 2.5% No.1 and 2 submitted that fhey respondent No.3. In the reply, it has ^r dated 11-7-2005 the petitioner's Karmi Grade-111 was cancelled. The marks for possessing qualification ^ no provision in the rules for awarding i, therefore, appointment order of the ]after deducting those marks i.e. 2.5%, • h XI-HC-78 *11HMI Sh+llcb 3^ •^MW'tl, W-^WW, Rldltf^ .\fj^^p...zi.i.L).L... W^ 200 ^ STT^Tyach (l<:l(^'SIS.ST) Sn^T^iTR-tieb (raT3IK?rst>KI»b ,4<. ^ v' •J\ Ban/e ?TBTW: (ri?cT sn^r •^ responttents whertes certificbte Learned counsel for after deducting 2.5% marks awarde|d reduced to 57.62 from 60.12 merit secured 58.8% marks. As the petitioner himself ha^ that he has no certificate of MSSilNCC, marks were,wrongly awarded to Chhattisgarh Panchayat Shiksha| Condition) Niyam, 1997 envisage^ 2.5% marks if he possesses provision for NSS certificate. As the appointment of the p^titioner therefore, the petitioner's appointm^nt there is no merit in the writ petition, hereby dismissed. Learned counsel for the pet|tioner- the appointment order the petitior|er days as Shiksha Karmi, Grade-111. If it is so, then respondents[ days to the petitioner. Parties are entitled for •niiFd'fl-i wiv!\ ^' fs^S <.(S|WI< ^arf^ETSIT^T referring the record argued that to the petitioner, his percentage was i, the last candidate selected in the mentioned in para-6.1 ofthe petitlon ;, therefore, it is clear that 2.5% the petitioner. Rule 5 (9) (gha) of Karmi (Recruitment and Service that a candidate will be entitled for of NCC/ScouVGuides. There is no was given on wrong premises, has rightly been cancelled, as such Isame is liable to be dismissed and it is submitted that in pursuance of had already worked for about 15 are directed to pay the salary of 15 certifi^d copy of this order. Sdl- L.C judg< i