Bhushashi Khuntey vs State Of Chhattisgarh
2022 Latest Caselaw 7084 Chatt

                                       1

                                                                          NAFR

               HIGH COURT of CHHATTISGARH, BILASPUR
                               WPS No. 7865 of 2022
•   Bhushashi Khuntey D/o Birsat Ram Khuntey Aged About 28 Years R/o
    Jamgahan, Malkharoda, District : Sakti, Chhattisgarh
                                                                 ------Petitioner

                                      VERSUS
1. State of Chhattisgarh through the Secretary, Department of Higher
   Education, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal
   Nagar Nawa Raipur, District : Raipur, Chhattisgarh
2. Chhattisgarh Public Service Commission through its Secretary, North
   Block, Sector- 19, Atal Nagar, Nawa Raipur Chhattisgarh
                                                         -------Respondents
                  (cause title is taken from Case Information System)

       For Petitioner       : Mr. Ghanshyam Kashyap, Advocate
       For Respondent No. 1 : Mr. Akash Pandey, Panel Lawyer
       For Respondent No. 2 : Mr. Anand Mohan Tiwari, Advocate

         Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge
                                        ORDER

24/11/2022

1. Learned counsel for the petitioner would submit that petitioner,

pursuant to advertisement dated 23.01.2019, participated in the

recruitment process for appointment of Assistant Professor

(Chemistry). He contended that total 150 posts were advertised, out of

which, 114 posts have already been filled up and 4 posts are lying

vacant. In the process of filling up the posts or issuing appointment

orders to other selected candidates, Division Bench of this court

passed an order on 19.09.2022 in WPC No. 591 of 2012 and other

connected cases, whereby amendment was made in the Chhattisgarh

Public Service (Reservation for Scheduled Caste, Scheduled Tribe &

Other Backward Classes) Act, 1994 in the year 2011 was struck down,

and therefore respondents are require to rework on reservation of the

posts, and if respondents will rework, petitioner is having chance to get

appointment. Petitioner is apprehending that respondents may issue

appointment order based on the amendment made in the Act of 1994

in the year 2011, therefore, petitioner filed this writ petition.

2. Learned counsel for the respondents-State submits that the law laid

down by the Division Bench of this Court cannot be bypassed. She,

further submits that the respondents have challenged the order dated

19.09.2022 passed in WPC No. 591 of 2012 and other connected

cases before the Hon'ble Supreme Court, which is pending

consideration. She, however, submits that respondents will issue

further orders pursuant to the recruitment proceedings according to the

judgment passed in WPC No. 591 of 2012 or after the order to be

passed in Special Leave Petition challenging the order passed in WPC

No. 591 of 2012 and other connected cases.

3. In view of the submissions made by learned State counsel, the instant

writ petition is disposed of at this stage reserving liberty in favour of the

petitioner to approach this Court afresh, if any exigency arises in

future. No cost(s)

Certified copy as per rules.

Sd/-

(Parth Prateem Sahu) Judge /P a w a n