^-3 HIGH GOURT OF GHHATTISGARH AT BILASPUR Coram : Hon'bleShri Sunil Kuroar Sinha and Hon'ble Shri R. L. Jhanwar.JJ. ADpellants Respondents N0.2 &3 Respondents Petitioner Writ Appeal No. 57 of 2009 1. Chhattisgarh Public Service Commission through its Secretary,0ffice at Shankar Nagar, Raipur (CG) 2. Under Secretary, Chhattisgarh Public Service Commission, Officeat Shankar Nagar, Raipur (CG) Versus 1. Dr. Smt. Mamta Singh Sengar, W/o Dr. R.S. Sengar, Aged about 40 years, R/o Baikunthpur, District Koriya (CG) 2. State of Chhattisgarh through Secretary, Department of Health & Family Welfare, D.K.S.Bhawan, Mantralaya, Raipur (CG) 3. Superintendent of Post Office, Raigarh Division at Raigarh (CG) 4. Sub Post Master, Post Office Baikunthpur, Distt. Koriya (CG) WSLT APPEALUNDERSeSTIONZOFTHECHHATTISGARHHIGHCOURT (APPEALTO DIVISTON BENGH) ACT, 2006 READ WITH UNDER RULES 157 OF THE HIGH COURTOFGHHATTISGARH RULES, 2007 Appearanee: Mr. B.D.Gyru, cpynsel forthe appellants. Mr. Ashok Kumar Shukla, counselforrespondent No.1. Mr. SuryaKant Mishra, Panel Lawyerforthe State/respondent No.2 ^ [sW y'. ORALORDER (Passedon 27.10.2009) The appellants/respondents No.2 &3 in the Writ Petition have filed this appealagainst the orderdated 07.01.2009 passed in W.P.(S) No. 6943/2008 bythe leamedSingle Judge ofthisCourt.Bythesaid order, the learned Single Judge, after hearirig the parties, directed that the petitioner's (responderit No.1) application shall be duly processed and if found in order, she Shal] be permitted to appear in theselection proeess. 2. Ap.erusal of thewrit petition would showthatthevacancieswere advertisecl for selection t6 tHe post of Ayurvedic Medical Officer by the Chhattisgarh Public Service Commission on 28.05.2008. As per the advertisement, the application for the said post was t6 be submitted upto 05.07^2008. According to the petitioner, she sent her application on ^M WritAppeal No. 57of2009 01.07.2008 by speed post from Baikunthpur which was delivered in Public Service Commission's Offiee at Raipur on 07.07.2008. Since the application was delivered in the Office of Public Service Commission after GUt off date Of 05.07.2008, therefore.the application of respondent No.1 was rejected and a communication dated 16.10.2008 (Annexure P/1 in the writ petition) was served upon respondent No.l/petitioner. After receiving the said communication, respondent No.l/petitioner filed a Writ Petition for the following reliefs: "10.1. This Hon'ble Court may graciously be pleased to issue a writ of mandamus/certiorari to quash the rejection letter dated 16/10/08 (Annexure P-1) and further to direct the Respondent No.1 to 3 to accept the application of the petitioner allowing her to appearin the examination of Ayurvedic Medical Officer. 10.2. That a command/direction may kindly be issued to take theappropriate action against the delinquent employee of the Postal Department calling for the entire records pertaining to the case of the petitioner granting compensation in a tune of Rs.1 Lac to the petitioner from the Postal Department. 10.3. Any other relief, which this Hon'ble Court may deems fit and proper also be awarded to the petitioner including the cost and expenses ofthe petition." It is in the said Writ Petition the learned Single Judge passed the impugned orderand made directions as above. 3. The said order was challenged before the Division Bench In the present Writ Appeal and the Division Bench passed an interim order on 04.03.2009 by which the effect and operation ofthe impugned order dated 07.01.2009 was stayed until further orders. Thereafter, the respondent No.1 filed another application i.e. I.A.No.3/2009 for grant of permission to appear in the examination scheduled to be held on 26.04.2009. The said application (I.A.No.3/2009) was also dismissed by the Division Bench on 23.04.2009.. As an effect of the aforesaid orders passed by the Division Bench in this Writ Appeal, the application form of respondent No.l/petitioner in the Writ Petition was not processed and ultimately she was not allowed to appear in the examination which was eonducted on the scheduled date i.e. 26.04.2009. [j:!^ {^M^- ^s- WritADpeal No. 57 of 2009 A perusal of the Writ Petition and the relief granted in the impugned order would show that the relief granted vide impugned order dated 07.01.2009 is the main relief sought by the petitioner/respondent No.1 in para 10.1 of the Writ Petition and normally such reliefs which are in the nature of final relief are not granted by the Courts at interim stages. 4,- In view of the above and in the prevailing facts and circumstances of the case, when the examination has already taken place on 26.04.2009 and respondentNo.l/petitioner could not appear in the examination, we deem it appropriate to set aside the impugned order passed by the learned Single Judge. 5. Accordingly, the Writ Appeal is allowed and the impugned order dated 07.01.2009 passed by the learned Single Judge is set aside. There --'"••^- shall be no order as to costs. 1 ~ 1 SdA R.L.JHANWAR Judge Sd/- SUNIL KUMAR SINHA Judge