> ^6-^z IN THE HON»BLEHIGH COURT OF CHHAmSGARH AT BILASPUR WRIT PETITION {8} N0. ^2^ OF 2010 PETITIONER: Dr. Rakesh Kumar Pandey S/o Shri Laljee Prasad Pandey aged about 31 years, R/o E-44/45, Bunglow, Banganga Square, Bhopal (M.P.) Versus RESPONDENTS 1) ^;? ^^^^ L^^C^" %^-v" ^ ^^ ^" 2) 3) y ^^- ^^' State of Chhattisgarh, Through its Secretary, Department of Higher education, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) Chhattisgarh Public Service Commission, Through Its Secretary, Raipur (C.G.) Controller of Examination, Chhattisgarh Public Service Commission, Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF CONSTITUTION OF INDIA The petitioner begs to submit as under:- v€\ -.-•^:^"i.-. ^ f&^aSh ^ HIGH COURT OF CHHATTISGARH : BILASPUR Writ Petition (S) No. 5625 of2010 Petitioner , Dr. Rakesh Kumar Pandey Versus Respondents State of Chhattisgarh & others WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA DB: Hon'ble Shri I. M. Quddusi 8& Hon'ble Shri N. K. Aganval, JJ Shri Anupam Dubey, Advocate for the petitioner. Shri Yashwant Singh Thakur, Deputy Advocate General for the respondent No. 1. Shri Abhishek Sinha, Advocate for the respondents No. 2 and 3. ORDER ( Passed on this 26th day ofJuly, 2011 ) Per I. M. Ouddusi, J. By this petition, filed under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents No. 2 and 3 (Public Service Commission) to permit the petitioner to appear in the interview for the post of Assistant Professor (Botany) pursuant to the call letter dated 28.8.2010 (Annexure P/4), treating the petitioner as eligible for the same. Brief facts, in nutshell, as projected by the petitioner, are that the petitioner is a PostGraduate/M. Sc. in the subject - Environmental Biology and he is also having Ph.D. in the same subject i.e. Environmental Biology/Life Science. Pursuant to the advertisement dated 15.5.2009 (Annexure P/3) the petitioner submitted his application for the post of Assistant Professor (Botany). The petitioner appeared in the written examination and he was declared as a successful candidate. Thereafter vide letter dated 28.8.2010 (Annexure P/4) the petitioner was called for interview which was to be held on 22.9.2010. Although, the petitioner approached the concerned authority on the date, place and time, according to the inter^iew call letter but he was not allowed to participate in the -:e^^.. inter^iew for the reason that the petitioner is not eligible for the post ofAssistant Professor (Botany) as he had done his M. Sc. and Ph. D. in Environmental Biology, not in Botany. Learned counsel appearing for the petitioner submitted that in the similar situation, in the State of Madhya Pradesh an expert committee was constituted by the Government of Madhya Pradesh in which Professor of Bio Science Department, Professor of Genetics Department and Lecturer of Botany were the members. That expert committee examined the matter and found that the candidates who are postgraduate in environmental scierice can be related to botany and can be treated as eligible to appear in the examination for the post of Assistant Professor in the subject of Botany. But we have perused the document produced by learned Deputy Advocate General and found that the Chhattisgarh Government has sought opinion from a committee in which one Principal, one Professors of Political Science and another Professor of Zoology of the Government Women P. G. College, Raipur were the members. Thus, the committee cannot be said to be an expert body on the subject. In view of the above, we are of the opinion that the State Government may form a committee of expert body comprising of the experts in the field of botany/environmental biology/life science and then obtain their view on the subject matter of the instant petition. It is expected that the decision would be taken afresh as early as possible, preferably within a period of one month from the date of the receipt of a copy of this order and the same shall be communicated to the petitioner. In view of the foregoing, the instant v/rit petition stands disposed of. No order asto costs. A copy of this order shall be supplied to learned Deputy Advocate General for compliance by the State Government. Sd/- I.M. Quddusi Judge Sd/- N.K.Agarwal Judge Thakur