s. c S. f0^- IN THE HIGH COURT QFJUD{CATURE AT W.P. NOfo) 36 L3 QF 2006 PETJTIONER RESPQNDENTS *~ " ^--^^ ^k^- ^'y.^" ^'^•'" ^ .E- / Smt. Pushpatata Dekate Aged about 35 years, W/o Shri Rajendra Dekate R/o Civil Lines, Rajnandgaon Occupation: Service Working as Asstt. Fisheries Officer, Department of Flsheries, Rajnandgaon District Rajnandgaon, Chhattisgarh Versus 1. State of Chhattisgarh, Through Secretary, Government of Chhattisgarh, Department of Fisherles Mantralaya, D.K.S. Bhawan, Raipur, Chhattisgarh 2. Director, Directorate of Fisheries Telibandha, Raipur Chhattisgarh 3. Chhattisgarh Public Service Commission, Through its Secretary, Shankar Nagar, Raipur, Chhattisgarh 4. Assistant Director Department of Fisheries Rajnandgaon, Chhattisgarh WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT/WRltl, ORDER/ORDERS.DIREGTION/DIRECTIONS <-7/ ^-.'^ .-•-"".^^' •^0'''^-"->•>'' ^yy y<f'\.--'''' ^" XI-HC-78 <TT*T^rT ^*TT9i 3??^nqT?PT, »-rflu'l6,Rldltf^ _ W? W^]oh WT^"""""""""?" ¥1^ 200 3< 1^1 4ath ('i,ci^<!tS.iT) 3i]^?r ^)T f^rra; ?RT3n^Tshtii+ 5T(TTaiKBfN'3II^T 4.8.2006:. Shri Ranbir Singh Marhas, Shri Vinay Pandey, P.L. for Heard both the counsel. By the instant petition, the Fisheries Officer, in the departn|i( challenged the action of responde|nl Director (Fisheries) even after due| Service Commission. The case of the petitioner tribe which is a ST as defined in under Article 342 of the Constitutioh education in Khairagarh District jurisdiction of the District the caste of the petitioner is regard by Principal of Govemment| Rajnandgaon, School Leaving Khairagarh, Enrolment certificate| Education, Madhya Pradesh, B\ Certificate issued by Digvijay Annexure-P/1. After passing 3th [ scholarship. The uncle of the by Municipal Primary Vidya certificates of the parents of the pef Halba caste. The petitioner appeared in by the Public Sen/ice Commissi<}n cjounsel for the petitioner. fhe State/respondents No.1 and 2. t^etitioner, who is working as Assistant lent of Fisheries, Rajnandgaon, has |nts for not appointing her as Assistant [selection of the petitioner by the Public Rajnandbaon Haltfa +i'i)fa41-f iTm?ff¥fe^t'<fSi^i< E>;3rf^IT3:(1^T |s that the petitioner belongs to Halba |order issued by the President of India of India. The petitioner took her early Kawardha, which is now within the According to the schoo! record, i, copies of certjficates issued in this |Girls Higher Secondary School, District Cer|iificate jssued by Girls Primary School, issued by the Board of Secondary ifiopal and College Leaving/Transfer Gcfvernment College, Rajnandgaon, are |Class, the petitioner was selected for petitfoner was also given transfer certificate Mitndir, Sindurghat. The educational ptioner also indicate that they betong to (he competitive examination conducted for the post of Assistant Fisheries P.T.O. XI-HC-78 '3Scl''WvPf, ESTfl+f'Ko, Rl<n[+13< tfl^cn fliqT^l ^R; 200 3n^TMaoi (liciI^'st<S.IST) an^rEiiTf^iNi OTTSTT^Ts.b^i* CTgtSKHfersn^T —^-?' 'hiiFi'i'fl-i »)i*iMT^"teA<Ri«i< ^srl^iTBn^T -t anH comnbunication QfRcer on 16-8-95. She was setect 12-2004, the Chhattisgarh Pubflic advertisement inviting applications f(|>r filling (Fisheries) as a special recruitmen^ drive of SC/ST candidates. There were for ST woman candidates. The p^titioner setected by the PSC. She was ca| petitioner was 4th in itie merit list Government for appointment, but| persons who were not selected. order of all the selected candidatesl made various oral and written avaii. On 6-1-2006, ^ie petition^r Secretary, Government of Chhattisgjarh, may afso be appointed, but to no ^vail. that respondents be directed to Assistant Director and respondents petitioner iitegally. At the outset, leamed coj submitted that the petitioner has complaint, appointment has been doing the needful in the matter in ^[ by the petitioner. He further submitt^c the enquiry in accordance with law ii|) the petitioner but that should be don[e final outeome of the enquiry, the been selected should not be fiiled. ted and posted at Ambikapur. On 8- Service Commission published the posts of Assistant Director for filling the backlog vacancies 6|posts and two of them were reserved applied, was interviewed and |led for interview on 18-7-2005. The her name was recommended to the a complaint was mad® by certain 'he Government issued appointment except the petitioner. The petitioner to the authorities, but to no made a request to the Principat i, Department of Fisheries that she ^vail. Therefore, it has been prayed ajspoint the petitioner on the post of (>e directed not to proceed against the (inset for the petitioner ^iSfcrt^^ |>een duly selected;'on the basis of st^yed, and the respondenVState is not jpite of several representations made t^d that respondent/State may conduct order to ascertain the caste status of i[e within a reasonable time and till the rtost against which the petitioner has P.T.O. iili XI-HC-78 3^siT2TT?(:iT, e>Tflw'l6, Rtcll^y HPTcn arHTqi W[ 200 3TI^?rq?ip (yti^siqfiT) sn^Twl^iw traT3(I^Tsh>1 f gCTWdlfersn^r fcir The prayer made by learn^d and reasonable as the petition^r conducting the interview and her the State Government merely on persons to the effect that the petiti4 In the circumstances, it is authority of the State Governmet accordance with law as per the j| matter of Kumari Madhuri Patil] Tribal Development S others 94 as early as possible preferablyl fina) outcome of the enquiry, the selected shall be kept vacant. The writ petition is Consequently, M.(W.)P. No.p Parties are entitled for certiflli +Wfd'ti-) K|tl<'lTffte(:A<(:a]-K;K ^sri^'ffsn^r counsei for the petitioner is just, fair has already been selected after a()pointment order is not being issued by |the basis of complaint filed by certain (ner does not belong to ST category. and reasonable that the competent (it may get the enquiry conducted in (Jdgment of the Supreme Gourt in the 1& another v. Addf. Commissioner, reriorted in AIR 1995 SUPREME COURT jwithin a period of 6 months and till the [}ost for which the petitioner has been disposed|of accordingly. 2973/2006 aiso stands disposed of. ed copy of this order. _ Sd/- L.C.Bhadoo Judge P.T.O.