^ -~ T "fc'Cl HIGH COURT OF CHHATTISGARH : BILASPUR PETITIONERS WRIT PETITION (S) N0. 4870 OF 2008 1. Ramesh Kumar Kaushik, S/o Shri S.R. Kaushik, aged about 36 years, R/o Near Maharana Pratap Chowk, Devi Nagar, Bilaspur, District BHaspur (CG). ', S/o Late Lakhan Lai Pandey, aged about 31 years, R/o BSoc-k Behind Omimeet, Tahsi! Takhatpur, District Biiaspur (CG). 3 Harish Chandra Jain, S/'o Shn Shikhar Chandra Jain, aged about 26 years, R/o 0!d Sarkanda, Near Mata Chaura, Bihibadi, iiiaspur, District Bllaspur (CG). 4. Santosh Ratre, S./o Shri Bhikhu Ratre, aged about 25 yeara, R/o Viltege Khamariya, Tahsil Mungeii, District Bilaspur (CG). 5. Abid Mohainmad Ansari, S/o Shri Khadim Ansari, aged about 35 years, R/o Near Maszid TakhaSpur, Tahsli Takhatpur, District Bilaspur (CG). 6. Dhanendra Kumar Dewangan, S/o Shri Narayan Prasad Dewangan, aged about 28 years, R/o 8/9 Naha Laxmi Mandir, Patwa Para, Takhatpur, Tahsi! Takhatour, Disfc-'ict Bilaspur (CG). Chandan Lai Anant, S/o Shri Sudhe Ram Anant, aged about 35 years, R/o Mission Compound, Tahsii Takhatpur, District (CG) Tushar Manu, S/'o Shri Shiv Das Manu, aged about 31 years, R/o Behind Amar Gas Godown, Magarpara, Biiapur, District Biiaspur Adarsh Khandekar, S/o Shri Atma Ram Khandekar, aged about 28 years, R/o viSSage Phoolwari, P.0. Birgaon, Tahsil Mungeii, District Biiaspur (CG). 10. Surjit Singh Thakur, S/o Shri Ganesh Singh Thakur, aged about 34 years, R/o C/o Modi HaSwai, Near Shlv Mandir, Tirthani GaSi, New Sarkanda, Dtsfrlct Biiaspur (CG). 11. Smt. Rajani Dewangan, W/'o Shri Manoj Dewangan, aged about 32 years, R/o C/'o Sharda Typing & Photocopy Centre, Opp. F^lanohar Taiidss, Biiaspur, District BiSaspur ..II 1 i.KSS"-.... a ""'•"'"'•es, 3 v. -ffJ' -t^' 12. Phool Chand Dhruv, S/o S'nri Johit Ram Dhruv, aged about 28 years, R/o vil'age Malakchhari, P.0. Dlndori, Tahsii Lormi, District Bilaspur (CG). 13. R.ajman Singh Porte, S/o Shri Akai Singh Porte, aged about 28 years, R/o vi!!age Sekhwa, P.0. Kotmi (Pandra), District tiiaspur (CG). 14. Samman La! Tnakur. S/o Sbri Laxman Lai Thakur, aged about 23 years, R,'o C.S.E.B. Coiony, Behind Hanuman Mandir, Tifra, District Bilaspur (CG). Sahu, S/o Shri Salik Ram Sahu, aged about 31 years, R/o Near Jain Tent District BiiasDur (CG'). Ram Saran Sahu, Sto Shri BR. Sahu, aged about 33 years, R/o Bangalipars, Gah No.4, Sarkanda, District Biiasour 7. Rarn Narayan Kashyap, Sf'o Shn Dhani Ram Kashyap, aged about 31 years, R/o C/o R.N. Sahu, Bangalipara, Gaii No.4, Sarkanda, ,pur(CG). Sandip Kaushik, S/o Shri C.L. Kaushik, aged about 33 years, R/o Shivnath Marg, Om Nagar, Jarhabhata, Bilaspur, District Bilaspur 20. 22. 23. Vinay Kumar Kosie, S/o Shri Devsukha Koste, aged about 25 years, R/o viltage & Post Slngari, Thana Ratanpur, District Bilaspur (CG). Shagvat Prasad Upadhyay, S/o Shri S.K.D. u'padhyay, aged about 31 years, R/o Jail Line (Central), Biiaspur, District Bilaspur (CG). Subhash Singh Parte, S/o Shri Bharat Sing'n Parte, aged about 30 years, R/o Devrikhurd, Near Old Power House, Bilaspur, District Bilaspur(CG). Ku. Rubi Das, D/o Shri P. Das, aged about 22 years, R/o Mission Compound, Takhatpur, Districl Bilaspur (CG). Praveen Rajput, Sfo Shri Vijay Rajput, aged about 26 years, R/o Saroda Nagar, Pali, DistrictKorba(CG). Swapnil Roy, S/o Shri S.K. Roy, aged about 27 years, R/Q vjllage & post Lakhram, Thana Ratanpur, District Bslaspur (CG). J 25. 26. 27. Sharad Sharma, S/o Shri Bhagavt Prasad Sharma, agedal3out26 years, R/o village & Post Sakrt, District Bilaspur (CG). Neel Kanth Kaushik, S/o Shri Janak Ram Kaushik, aged about 28 years, R/o Nayapara (Bodri-Chaterbhata Camp), District Bilaspur (CG). Sanjay Kumar Verma, S/o Shri Ram Kumar Verma, aged about 28 y?ars, R/o village & Post Semartai, Dlstrict Bilaspur (CG). >ahu, S/o Shri R.P. Sahu, aged about 30 years, R/o Sahu Bhavan, ChhaSarji Gali, Mew Sarkanda, District Bilaspur (CG). ',0. Sharma, 5!o Shri Vinay Mohan Sharma, aged about 28 years, R/o Opp. Shri Ram Kripa Newash, Nariyal Kothi, Dayalband, District Bilaspur (CG). Virendra Kumar Patanwar, S/o Shri Thakur Prasad Patan'war, aged about 30 years, R/o Jabra Road, Sarkanda, District Biiaspur (CG). Aniruddh Kumar Patanwar, S/o Shri Lekhram Patanvi/ar, aged about 27 years, R/o P!ot No.64, Panchmukht Hanuman Mandir, Nagar, Distnct Biiaspur (CG). Ashwani Yadav, S/o Shri Ramsaran Yadav, aged about 24 years, R/o Near National Garage, Maharshi Schooi, Rajendra Nagar, District Bilaspur (CG). Ravindra Kashyap, S/o Shri P.N. Kashyap, aged about 36 years, R/o Rajendra Nagar, District Bilaspur (CG). Yogesh Pandey, S/o Shri K.P. Pandey, aged about 30 years, R/o Near Santoshi Mandir, C'natidlh, District Bliaspur (CG). Manoj Barman, S/o Shri Ram Sujan Barman, aged about 35 years, R/o Makhan No.1/95, Chandan Awas, Rajklshor Nagar, District lissour fCO) 37 Rajesh Kashyap, S/o Shri Khelan Kashyap, aged about 35 years, R/o Rajabada Para, Lormi, DistricS Bliaspur (CG). Dhirendra Kashyap, S.'o Shri Shiv Sankar Kashyap, aged about 30 years, R/o Kushwaha Bhavran, Sankar Nagar, Chhuchhiya Para, District Bilaspur (CG). •U>iu.dH .t-+FMB-ti-!- 38. 41 42. Prakash Patet, S/o Shri S.L. Patel, aged about 30 years, R/o Siddhi Sadan, Indra Coiony, Tarbahar, District Biiaspur (CG). Budheshwar Soni, S/o Shri Mathura Prasad Soni, aged about 24 years, R/o Near S. Laxman Bhawan, Kapit Nagar, New Sarkanda, District Bilaspur (CG). Vijay Singh Marko, S/o Shri Ganpat Singh Marko, aged about 30 years, R/o P.Q. Ushad, VilEage Marwahi, Tahsii Marwahim, District Bilaspur (CG). Bhuwan Lai Patel, S/o Shri Dinanath Patei, aged about 33 yes.rs, R/o P.0. Manikchourl, Tahsll Ivlssturl, Dlstnct Bilsspur (CG). Rammanohar Kaushik, Sto Shri Ram Gopai Kaushik, aged about 30 years, R'o viilage Dewari, P.0. Dhooma, District Bliaspur (CG). Manish Kumar Tamboli, S/o Shri Vjnod Kumar Tamboii, aged about 2S years, R/o Near Shanti Lodge, Juna Bilaspur, Dlstrtct Biiaspur (CG). Khilawan Sahu, S/o S'nri Sant Ram Sahu, aged about 30 years, R/o Nayapara Kirtinagar, Santoshi Chouk, Biiaspur, District Biiaspur (CG). Rajesh Kaushik, S/o Shri Ganga Prasad Kaushik, aged about 30 years, R/o vitlage Nagpura, P.0. Sirgitte, District Bilaspur (CG). 4B Mukesh Pandey, S/o Late Shri Neejanand Pandey, aged about 29 years, R/o viilage & t K laeli, District ispur 47. Kumar Kaushik, aged about 30 years, R/o viilage & post Sev/ar, Tahsii Bllha, District Miaspur (CG). Saroesh Trivedi, S/o Shri Krip Trivedi, aged about 27 years, R/o Behind Chhattisgarh Hlgh Court, Diprapara, District Bilaspur (CG). Pankar Tiwari, S>'o Shri Narendra Kumar Tiwari, aged about 24 years, R/o Behind Kurmi Hostei, Sipat Road, Chatidih, Bliaspur, District Biiaspur (CG). Somnath Patol, S/o Shri Ghasi Ram Patel, aged about 24 years, R/o Behind Gurudwara, Vikash Nagar, 27 Kholi, Bilaspur, District iilaspur (CG). B 1/^ S ». l^c. s.^' Jj^i^^; ^. ^;li State of ChhatSsgarh, through Secretary, Department of Revenue, D.K.S. Bhawan, The Commissioner, Land Record, Raipur (Chhattisgarh). The Coliector (Land Record), Bitaspur, District Bilaspur (CG), 4. I Examir.ations, Through the ControlSer, Raipur (Writ petition under Articfe 226 of the Constitution of India) Satish *^? 'resent: Shri Vivek Shrtvastava, counsei for the petltioners. Shri Arun Sao, Govt. Advocate for the Statefre ). 1 to 3. S'nri Sameer Beha.r, counsei for the respondent No.4. SPassed on thss 4 day of September, 2008) With the consent of Seamed counse! appearing for the parties, the petjtion is heard finaijy. 2) By this patition, the petitioners (mpugn the advertisement dated 27-8-2008 (Annexure-P;1), inviting appiications for appointment on the post of Patvrari, on the ground that they have compieted Patwari training m the month of March, 2007 on the basis of their setection in the year 2005. It was cleariy stated in Annexure-P/1 1 that the Patwaris, from the Patwari seiection iist 2005 and waiting iist appended thereto, may be appointed wjthin a period of one year on the vacant post. The petitioners were not appointed, notwithstanding the fact that they have completed their training jn the month of Mareh, 2007. The respondent authorittes after compietion &f one year published the advertisement dated 27-8-2008 (Annexure-P?1) inviting appiications from the eiigible candldatss for appointment on th® f& ^.€E3^: 3) The contentlon of learned counsei -appearing for the petitioners is that the authorities could not h-ave initiated the process for appointment on the post of Patwari without appointing the uetitlonere •who were selected in the select Sist 2005 and have compteted thcir training in the month of March, 2007. The eontention of the petitionere is withoirt any basis. Normal'y the selec.t iist is va!id oniy for a period of one year and, thereafter, f a new seiect iist is prepared. In the process of preparation of new select !ist for appointment on the post of Patwari the advertisement was published on 27-8-2008 (Annexure-Prt) i.e. after compietion of one year. There is no infirmity or irregularity in the process. 4) Shri Shrivastava, learned counsel appearing for the petitioners, has ivited the attention of the Court towards note (3) of the advertisement w'nerein there Is a mention of granting condensed courffe of training In case of those candidates who have been selected in the year 2005 and have compieted training. Learned counsel further subrnlts that this is an jndjcative ofthefact that 2005 seiect iist is vaSid and once the candidates hnve taken trainjng they ought to have beeri appointed on the post. This contention desei'ves to be rejected, 9S completior! of fraining does confer any right on the pet'rtioners to appointment. Slnce the petitioners have compieted their training and on account of the same.some reiaxation in trainina has been granted in the advertisernent dated 27-8-2008 5) In the case of Shankarsan Dash vs. URion of india , it was held by the Hon'ble Supreme Court that "ff Ss not con-ect to say ffiiat if a number of neni ye not fowKi fff, the successfu! candscSates acquire an indefeasibie righi to vch cannot be iegitima.teh ?lt) :£. 6) it was subsequent!' Bank Ltd. vs. Amrik -SlnQh and others wherein it was 'ne" Supreme Court that "even ot'nerwise. it fe we/? bj/ now a person whose name fe .safo' to firid place in a setecf no vested right to get appol.nteo' fo the post 'in of vacancies wasfing." 7) Further, in urijon of india and others vs. Kaii the Hon'bte Supreme Court hsld that "mere inclusksn of a iidate's name m ffie .sefecffon Kst gaw him no right, and ifthere was no nghfc.there coukS be no occasfon to maintain a writ petition for enforcement FV ff^ffff This Court in the matter of Rajesh Kumar Dewangan vs. ion of Indla & Others hsid that "the psiitioner l(1991) 3 SCC 47 2 (2003) 10 SCC 13S 3 (2006i. 1 SCC 779 4 2007 (3) MPHT 22 (CG) >y> .s^^l < not acquiw an indefeasibte right to be appointed on the post of Assistant pwsuant te his seSecVon" and that "no direcVon can foe g'wen to issue appointment feffer to the petittoner though he has come oirt successfiil in the selection process.". 9) Appiying t'ne weli settied principles of law to the facts of the case on hand/wherein the petitloners have completed training, but no appointment couh-i be made withi'n a period of one year ani-i ths new precess of seiection has aiready been initiated, there is no merit in this petition. 10) Accordingiy, the writ petition is dismissed at the motion stage itself. 11) Consequently, I.A.No.1 for grant of interim relief stands disposed of. Sd;- Satis Jud^ s ^eai**-^ -^J