Sandeep Kumar Chandrakar vs State Of Chhattisgarh
2021 Latest Caselaw 3762 Chatt

                    HIGH COURT OF CHHATTISGARH, BILASPUR
                                       Order Sheet
                                 WPS No. 3567 of 2017
             Sandeep Kumar Chandrakar Vs. State of Chhattisgarh & others



16.12.2021         Mr. Prafull N. Bharat, Sr. Advocate with Mr. Keshav Dewangan,
             counsel for the petitioner.
                   Mr. Sudeep Agrawal, Dy. Advocate General for the State as well as
             for respondent No. 2.

Heard.

The only issue required to be adjudicated by this Court is whether MBA (HR) should consists of four semester course as per the advertisement for the post of Training & Placement Officer. As per the statute, the candidate prosecuting his MBA study have to done specialization in one of the subject in the final year of MBA.

If we examine the advertisement, it is silent whether the candidate should have four semesters examination study, then only he will be treated as MBA (HR) or otherwise not, which is clear ambiguity.

Learned Senior counsel for the petitioner would submit that if there is ambiguity in the advertisement, the benefit should be given to the petitioner considering his appointment. He would refer judgment rendered by Hon'ble the Supreme Court reported in 2015 (17) SCC 709 (Para 14 & 15). He would further submit that if seniority of the petitioner from year 2017 onwards, is considered sympathetically, he is ready to forgive his claim for back-wages.

In view of such legal position, it is expected that the State as well as respondent No. 2 may consider candidature of the petitioner without affecting merits of the case at this juncture.

List this case tomorrow i.e. on 17th December, 2021.

Sd/-

(Narendra Kumar Vyas) Judge Arun