IN THE HIGH COURT OF IUDICATURE : CG : BILASPUR WRIT PETITION No (51 : x\ (5% OF 2011 / PETITIONFR z Smt. Rachana Dwivedi aged 30 yrs y/o Shri Rammam' Dwivedi Post & Tah : Ambagarh Chowki, Rajnandgaon, Distt- Rajnandgaon CG - VERSUS - REsPONDENTs : 1.’ The State ofchhattisgarh Through : The Secretary to the Govt. of CG, Panchayat and Rural Development Depariment, D.K.S. Bhawan, Mantralaya, Raipur CG 2. (/7 The Chief Execuh‘ve Officer, Iila Panchayat, Kabirdham Distt- Kabirdham CG Ku. Swah' d/o Shri Hanuman Das Gram—Salhebazar, Post-IGmrdhabazar, Tah-Doundilohara, Durg Distt - Durg CG WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA mg HIGH COURT OF CHI—IATTISGARH AT BILASPUR WRIT PETITION (s) No. 167 of2011 I’ETITIONER : Smt. Rachana Dwivedi. VERSUS RESPONDENTS : The State of Chhattisgarh & Others. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Abhishek Shanna, Advocate for the petitioner. Shri Sushi! Dubey, Govemment Advocate for the State. ORDER ORAL (Passed on 13 day of January, 2011) By this petition, the petitionerseeks quashing of the order dated 13.12.2010 (Annexure P/l), and direction to the respondent No. 2 to consider the candidature of the petitioner for Hindi subject for the post of Shiksha Karmi Grade II in accordance with the circular dated 04.05.2010 (Annexure P/6). The petitioner further seeks a direction to the respondent No. 2 to place the name of the petitioner in the list of Shiksha Kamii Grade II, in place of respondent No. 3. The brief facts, in nutshell, are that the petitioner applied for selection and appointment on the post of Shiksha Karmi Grade I and Shiksha Karmi Grade Il. The petitioner- opted for Economic subject for Shiksha Karmi Grade I and Arts subject for Shiksha Karmi Grade II, in place of Hindi subject, though no vacancy were advertised for the Arts subject for Shiksha Karmi Grade II. The petitioner appeared in the examination and acquired 104.04 marks out of 200. She could not acquire appointment on the post of Shiksha Karmi Grade l in the Economic subject as she had secured less marks. The State Government, by circular dated 04.05.20 10 directed that atter select list was published, at the time of appointment of the candidate, their testimonials have to be scrutinized carefully and the appointment should be made on the basis ofmarks obtained in the examination for selection of Shiksha Ixarmas It was further mentioned in the circular dated 04.05.2010 that if no subject or discipline was mentioned in the application form, then in the interest ofthe candidate, they may be appointed taking into consideration the marks obtained by them in the respective subject/discipline. Thereaften vide advertisement dated 05.10.2009, the vacancies for the post of Shiksha Karmi Grade Il for Hindi subject was increased from 13 to 48. Shri Shanna submits that since the petitioner has obtained sufficient marks for appointment on the post of Shiksha Karmi Grade II, Hindi, the mistake ofthe petitioner by mentioning ‘Arts’ in place of Hindi, may be ignored and the petitioner may be gamed appointment on the said post. He further submits that respondent No. 2 may be directed to reconsider the case of the petitioner in the light ofthe circular dated 04.05.2010 (Annexure P/6) and pass appropriate order. Having considered all the facts of the'matter, since this petition involves disputed question of facts, it would not be proper to adjudicate the issue under writ jurisdiction. However, the State/ respondents No. l and 2 are directed to consider the case ofthe petitioner in the light ofthe circular date 04.05.2010 (Annexure P/6) after ajfording an opportunity of hearing to the petitioner as welt as to the respondent No. 3 and pass appropriate order in accordance with law on its own merits. With the aforesaid observation and direction, the writ petition is disposed of. .wwu Sd/-' Satish K. Agnihotri Judge