aiiBiKBiSl' IN THE HIGH COURT OFCHHATTISGARH AT BILASPUR WRIT PETITION fSyNO.M14$' /2010 fVIRES OF RECRUITMENT RULES UNDER CHALLENGE) WRIT PETITION UNDERARTICLE 226/227 OF THE CONSTITUTION OF INDIA^ PETITIONERS 1.' RamSanehi Yadav, aged about 44 years, son of Late Ramphal Yadav, occupation — Data Entry Operator, Office of Managing Director, Zila Vanopaj Sahkari Sangh Maryadit - Dharamjaigarh, Distt. Raigarh (CG). ^,i^^i^y|^'L" elj.gsBsa-': /^ ^/./^ . ^/'^r^/ ^if ^y^y •€AS' Sr' Ramesh Kumar Gupta, aged about 36 years, S/o. Shri B.P. Gupta, occupation - Data Entry Operator, Office of Managing Director, Zila Vanopaj Sahkari Sangh Maryadit Janjgir-Champa (CG) Shahdeo Vishal, aged about 31 years, son of Shri Dhanpati Vishal, occupation - Data Entry Qperator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit South Sarguja Distt. Sarguja (CG) Brijesh Verma, aged about 34 years, son of Late Devi Prasad Verma, occupation - Data Entry Operator, Offiee of Managing Director Zila Vanopaj Sahkari Sangh Maryadit North Sarguja Distt. Sarguja (CG) '^ T^ 'r—-.: 5.' 6. 7. 8. Smt. Nurun Nisha,aged about 28 years, W/o Mohd Yusuf, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit Korba Distt. Korba (CG) Manish Kumar Belchandan, aged about 29 years, S/o Romeshwar Belchandan, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit Dhamtari Distt. Dhamtari (CG) Chetan Kumar Diwan, aged about 26 years, S/o Shri Anant Diwan, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit North Kondagaon, Distt. Bastar (CG). Sanjay Uike, aged about 26 years, son of Shri Gopal Prasad Uike, occupation — Data Entry Operator, Office of Managing Director Zila Vanopaj" Sahkari Sangh Maryadit East Sarguja, Distt. Sarguja (CG). Saudesh Kumar Shrivastava, aged about 26 years, son of Shri Shambhu Dayal Shrivastava, occupation - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit Kawardha, Distt. Kawardha (CG). ^) -;"^* RESPONDENTS sefes^. 10. Anil Kumar Netam, aged about 35 years, son of Shri Shadhu Ram Netam, occupatipn - Data Entry Operator, Office of Managing Director Zila Vanopaj Sahkari Sangh Maryadit - West Bhanuprataapur - Kanker, Distt. Kanker(CG). VERSUS 1. State of Chhattisgarh, through - Secretary, Department of Forest, D.K.S. Bhawan, Raipur (C.G.) 2.' Secretary, Department of General Administration, State of Chhattisgarh, Dau Kalyan Singh Bhawan,Raipur (CG) y • 3, Managing Director, Chhattisgarh Rajya Laghu Vanopaj (Vyapar Evam Vikas) Sahkari Sangh Maryadit, A-25, VIP Estate, Khamhardeeh, Shankar Nagar, Raipur (CG) 4. " Chief Conservator of Forest, Deptt of Forest, State of Chhattisgarh, Raipur (CG) 01. PARTICULARSABOUTTHEPETITIONERS ^As per cause title. Q2 PARTICULARS ABOUT THE RESPONDENTS As percause title. HIGH CGURT GF CHHATTISOARH AT Biy^PUR WrjlPetitiQn (SLNo. 4590 of 2010 PETJTIONERS : Smt. Varsha Goswami and others : The of Chhattlsgarn anct others. : Ram Sanehi Yadav and others. s Vem.us "he of Chhattlsgarh and others. • DivislQn Bench: CONSTJTUTSON OF Hon'bte Shri i.M. Quddusi & Hoil'ble Shrl N.K. Agarwa!, JJ. Present: Shrl A.N. Bhakta, counsei for the getjtioners. Shri Y.S. Thakur, Deputy Advocafe Generai for the State/respondents, ORALO.RDER (Passed on 18th day of August, 2010) Perl.M. Quddusj. J, Heard. 2. 8y this common order, these writ petitions j.e. VV.P.(S) No. 4596/2010 & W.P.(S) No.4165/2010 are being disposed of as common facts and issues are Involved in these writ petitions, 3. These.two writ petjtions flled by the petltioners who were .appointed cn contractual basls eariier as Data Entry Operators. Chalienge to the advertisement for regular appojntment through these writ petltlons has been made inter-aila on the ground that slncethe petitioners had experience by getting contractual appointment ors the of Data Entry Operators, they should be provltied the beneflt of preferentiaj right of experience as v^e!E as bonus marks for experience and the respondents be djrected to snsert the same by way of ciause in theterms and conditions of selection/'recruitment on regufar basis. ..t^ [^ Kvr 4. Learned Deputy Advocate Generaj was' dlrected' to obtajn Instructions and according to his instructions, for the of Data Entry Operators, there wiii not be any intemew and oniy the written examinatlon as weil as p.raotlca.i are conducted and, therefore, is no scope of awarding marks for experience or any preferentlai rlght. The petrtioners who were glven contractual appolntments can do on the basis of their'experience In the written as well as practlcai examinatlons. Therefore, there is no to any discrimination in the process ofselection^ 5. in our oplnion, the sejectlon on reguiar post •of Entry Operators which on 13-08-2009 is to be in the department of Forest. Provlding opportunlty In reiation to empioyment enshrined in ArtJcle 18 of the Constitutjon of india is a fundamentai rlght to aii the citlzens. 6. Therefore, issuing- to gjve preferentlai right of experience ete. in the selectjon in is beyond the of judldal review of the Courts. 7. At this stage, iearned counsel appearing for the petJtioners has submitted that the petitioners had filed their representations for absorption hefore Hon'ble the Chief ivlinister who has passed the orders to act in accordance with law. Though v^e are not Jndined to interfere Jn the matter but dtsmissai of these writ petltlons woutd not effect the declsion of the State Government, if taken 1n tavour of the petitioners. 8. 9. With the above observation, these writ petitions are dismissed. No order as to costs. Sd/- I.M. Quddusi Judge Sd/- N.K.Agarwal Judge