l'!'u"!flllr"'!if"]1?"^!-i!i^fe.^.^S.'&4^"^^N]^^"'-''^?11!SFBSB^; ^vc ^ ff R^s- a^'ii^i IN THE HIGH COURT^F JUDICATURE AT BILASPUR CHHATTISGARH W^P. N0. ^i-^^^/2004 PETITIONER ^ e^-s- ^••' w^.^ •^' <e°>A..-\" y' RESPONDENTS ..<7^ Tuleshwar Kumar Deshlahre, aged 24 Years, S/o Bharat Das Deshlahre, R/o Tulsipara, Rajnandgaon Distt. Rajnandgaon (C.G.) VERSUS .:--1. State of Chhattisgarh Through Secretory Health & Pamily welfare Department, D.K.S. Building Raipur (C.G.) 2. Chief Medical 8s Health Officer Rajnandgaon Distt. Rajnadgaon (C.G.) 3. Secretary District Aids Control Union Rajnadgaon (C.G.) , WRIT PETITION UNDER ARTICLE 226/227 OF ^ 1 CONSTITUTION OF INDIA XI-HC—7i 75T ^l'illCI'il, ®Tli'Mllfi,[siCTiyy ^.....^.±...........u.^ 3II^TTR^i (' ^Ncrih •WRif <( ft^t •rfw5'T ^affim. 09/022005: - Shri Goutam Ketrapal learnet) Heard on I.A. No.9070 of hearing. 20D4 counsel for the petitioner. ^ which is an application for urgent The matter is taken up on ^oard. Hence, I.A. No.9070 of 2004 stands disposed of. Heard learned counsel for th^ petitioner. <hat fdr sbid The case of the petitioner is (Annexure-P/1) was published by Samiti, district Rajnandgaon (CjC appointments were to be made advertisement shows that Out of thr< reserved for generai lady candidal^ scheduled caste? candidates. scheduled caste applied for the advertisement dated05/11/2004 (Ant the firstadvertisement and it was s|l; place of scheduled tribe (Anusuchj caste (Anusuchit Jati) was mentioni 'Anusuchit Jati', the words 'Anusuchf Previousiy the last date for receivinsl by subsequenf correction the iast d^ also extended to 17/11/2004. on 20/10/1994 one advertisemenl the Secretary, Zila AIDS Niyantran p) according to which contract the post of Lab Technician. The ie posts to be filled up one post was and two posts were reserved for 'he petitioner being a member of post. However, by subsequent |iexure-P/5) a correction was made in tated that due to the clerical error in Janjati Varg), the word Scheduled ^d which is corrected and in ptace of |t Janjati' should be read accordingly. the applications was 01/11/2004 buf |te for reoeiving the applications was :airJ! XI-HC—78 ^nf^' •i-v\ '<iWWi\, •QV\WI'c, ^WVy .^-......^.:I'......^.S:.^3,... -R^ 3n^rTra^? ('^3^.* -^' fdr Learned counsel appearing change was not possible jn accordanijse first advertisement, the candidates be| their applications and when thej publioation came on 05/11/2004, because the persons of their categor^) th^ir have heard learned counsel 4 length. canillidates Afier perusa! of the docurr|ent publication dated 05/11/2004, it transfjires that the first publication, the word 'Anusi<chit word 'Anusuchit Janjati' which in fat Secretary. Learned counsel has not t| posts were reserved for the candidat^s they have been changed for the also not pointed out any suoh rul^ subsequent correction was made in for reservation. In the opinion of thi^ P/5 the olerical error has been correci publication which does not give petitioner to file instant petition. The without notice to the other side. anjy A- <=t)i<si<n*i1t T?I^:ff ^fi^ <f^'^i< ^sffOTan^r the petitioner submits that such a with law because according to the onging to scfteduled caste have sent second advertisement/correction applications become infructuous were not required. Annexure-P/5 i.e. subsequent due to some clerical error in L<chit Jati' was mentioned in place of (;t comes as an explanation by the ^ken any such ground that in fact the of scheduled castes and ultimately of soheduled tribes. He has which may show that in fact the 4ontravention of the roster prescribed Court, as explained vide Annexure- |ed by the departmenl by subsequent cause of action in favour of the betition has no merit. It is dismissed _/) _. — - Sd/- Sunil Kumar Sinha Judge