HIGH CSURT OF CHHATTISGARH AT BILAS?UR S.B. : HGN’BLE MR. SATISH K. AGNIHGTRI, J“ WRIT 13ET1T10N N0. 144i} of 1999 PETITEONER Chandra Vijay jam, agad ahmn 29 years, S/o late Shri Pukhrai Jain Rgside11 0f Pandarias Distz‘ic; Kawardha (C5,) VERSUS : 1. Coilectez, Kawardhag District Kawardha (MR) Nagar Panchaya‘t Pamiaria through Mukhyia, Nagzir Panchaya‘i Adhikaria Tahsii Pandaria, District Kawardha‘ State of Madhya Pradash mmugh Secretary, Panchayat & S0civa% Weifare Delmartmwta Govgmmgm 0f Madhya Pradesh, Bhopal. 4. Deputy Director of Education, Biiaspur. 3, Fii‘oia Kureshi S/o Ami: Muhammed resident "of Pandaria Distiict iiawardha (MPJ F« RES?(}NEENE‘S 2, Pieseni: Shi‘i Vinay Pandeya Advocate for the isetitioner, Smt. Anju Ahuja, Deputy Govt. Advocate for the Staie/ respondem no. 1 and 4. Shri B.D.Guru, Advocate for respomiem no. 2. Shri Santosh Bharat, Advocate for respondent no. 5. ORDER (Pasged on 28m March, 2007) 1. By this petition: the petitioner seeks an appropriate writ or direction to quash the order date(i 18.02.1999 (Annexate ”A’) passed by the Colieetot. Kawatdiia. in case No. 6-3/121/1998~99 Whereunder the aopointment of respoodem o0. 5 as Shiksha Karmi Gracie H in Math subject against the post 0f scieuce was heid as valid mad in accordance with the provisioxis of law and as per advertisement. The petitiener further im§ugnes the select list dated 18.08.1998, decisien'dated . 17.09.1998 and the proceedings dated 04.09.1998 (Annexure ‘P’). The indisputable facts in nutsheii are that the petitioner alongwith others, pursuaht' to advertisement dated 28.7.1998 (Annexui‘e i» applied for appoihtment on the post of Shiksha Karmi Giade II in Science subject. The resporident no. 5, who had obtained fiist division in Maths ahd Science subject in Higher Secondary Schoei Certificate and Graduatien iii Mathematics, was selected and appointed in mathematics subject. The getitioner challenges the selection of respohdent he. 5 on the gmtmd that the respendeiit n0, 5 is a Mathematics graduate and he ceuid hot have been appointed against the vacancy of sciehce subject ih Shiksha, Karmi Grade H. The petitioher had applied for appointmeht in science subject and was better qualified. Being aggrieved. the petitioner filed an appeal before the Coiiector, )U Kawardha. The Collector, Kawardha, by order dated 18.02.99 (Annexure A) passed the following order. __ao._ meemdtwdwteemdammaatamdtmatt Wdddmde‘eettuttaiwgcdmwmamew wemwmmdwdedwwmwsew Wmeddhtwmemmhtaameamfewmawah Weetmewdmdmwmdtawe Isa-tens wWe‘WdwweadWWdWWeetstdN 4, This petition, impugnes the select list as weii as tha ordsr dated 18.0299 (Annaxme A) passed by the Coliectox, Kawardha 011 the grotmd that the petitioner is entitled to be appointedas Shiksha Karmi Gtade EI it: science subject when the advertisemegt was made fer science, net for mathematics, Science and mathematics are different subjects and age not interchangeable. Having heard the ieamed ceunsel appearing for the parties and Ui perused the records appended thereto, it is evident that Mathematics is a part of science and since Shiksha Karmi Grade II in Mathematics was required“ the post ativettised fer science was tilled up by Shiksha Karini Grade H, in Mathematics. 6. it is neither centrary t0 the previsiens 0f law net in consistence with the provisions of the advertisement as Mathematics is a part of science subject. The order of the Coiiector is valid; just and proper, it is not warranted to interfere with the order passed by the Collector, which is anexceptionabieg in exercise of extraordinary discretionary jurisdiction of this Court under Article 226/227 of the Constitution of India. 7. Thus, this petition is accordingiy dismissed. No order as to costs. Sdl- Satish K. Agnihotri 9“9,99