Chattisgarh High Court

Kamal Narayan Nishad vs State Of Chhattisgarh And Ors on 25 June, 2024

Neutral Citation
2024:CGHC:21535
                                1




                                                                NAFR
           HIGH COURT OF CHHATTISGARH, BILASPUR

                       WPS No.1766 of 2013
 Ajay Kumar Patel S/o Alekh Kumar Patel Aged About 27 Years
 Village Dhimani, House No. 124, Post Bandora, P.S. And Tehsil
 Maalkharouda Civandrevdistrict Janjgir Champa C.G. , Chhattisgarh
                                                        ---- Petitioner
                             Versus
1. State Of Chhattisgarh,Through Secretary, Dept. Of Agriculture,
   Mahanadi Bhavan New Mantralya Ps Vidhan Sabha, Raipur C.G. ,
   Chhattisgarh
2. Agriculture Production Commissioner Department Of Agriculture,
   Mahanadi Bhavan, New Mantralaya, Ps Vidhan Sabha, Civandrev
   District Raipur C.G. , District : Raipur, Chhattisgarh
3. The Director Department Of Horticulture, Near Telibandha Railway
   Crossin, Ps Telibandha, Civandrev District Raipur C.G. , District :
   Raipur, Chhattisgarh
4. Ramchandra Rao S/o Venkateshwar Rao Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture,
   Near Telibandha Railway Crossing, Ps Telibandha, Civand Rev
   District Raipur C.G. , District : Raipur, Chhattisgarh
5. Toran Lal Sahu S/o Dhanu Ram Sahu Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture,
   Near Telibandha Railway Crossing, Ps Telibandha, Civand Rev
   District Raipur C.G. , District : Raipur, Chhattisgarh
6. Pratibha Swarnakar D/o Vedprakash Swarnakar Senior
   Horticulture Development Officer Snr. H.D.O., Department Of
   Horticulture, Near Telibandha Railway Crossing, Ps Telibandha,
   Civand Rev District Raipur C.G. , District : Raipur, Chhattisgarh
7. Snelata Sinha D/o Naresh Kumar Sinh Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture,
   Near Telibandha Railway Crossing, Ps Telibandha, Civand Rev
   District Raipur C.G. , District : Raipur, Chhattisgarh
8. Akanksha D/o Gajadhar Prasad Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur
   C.G. , District : Raipur, Chhattisgarh
9. Hitesh Nag S/o Jitendra Nag Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur
   C.G. , District : Raipur, Chhattisgarh
10.Payal Sao S/o Narendra Sao Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur C.G. ,
   District : Raipur, Chhattisgarh
11.Ranjana Makhija D/o Vikrant Singh Makhija Senior Horticulture
 Neutral Citation
2024:CGHC:21535
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   Development Officer Snr. H.D.O., Department Of Horticulture,
   Near Telibandha Railway Crossing, Ps Telibandha, Civand Rev
   District Raipur C.G. , District : Raipur, Chhattisgarh
12.Adiya Suryanshi S/o G.L. Ladiya Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur C.G. ,
   District : Raipur, Chhattisgarh
13.Jyotsna Mishra S/o R.K. Mishra Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur C.G. ,
   District : Raipur, Chhattisgarh
14.Abha Pathak D/o Sanjay Pathak Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur C.G. ,
   District : Raipur, Chhattisgarh
15.Puja Kashyap W/o Rajiv Sahu Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur C.G. ,
   District : Raipur, Chhattisgarh
16.Toshan Kumar Chandrakar S/o Yashwant Chandrakar Senior
   Horticulture Development Officer Snr. H.D.O., Department Of
   Horticulture, Near Telibandha Railway Crossing, Ps Telibandha,
   Civand Rev District Raipur C.G. , District : Raipur, Chhattisgarh
17.Mithelesh Kumar Devangan S/o Lalaram Devangan Senior
   Horticulture Development Officer Snr. H.D.O., Department Of
   Horticulture, Near Telibandha Railway Crossing, Ps Telibandha,
   Civand Rev District Raipur C.G. , District : Raipur, Chhattisgarh
18.Bhagvati Sahu S/o Vimal Das Sahu Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
19.Vinay Kumar Tripathi S/o Shailendra Kumar Tripathi Senior
   Horticulture Development Officer Snr. H.D.O., Department Of
   Horticulture, Near Telibandha Railway Crossing, Ps Telibandha,
   Civand Rev District Raipur C.G. , District : Raipur, Chhattisgarh
20.Karan Sonekar S/o Mahesh Sonekar Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
21.Akanksha Sharma D/o Rajendr Kumar Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
22.Divya Yadu S/o Sushil Kumar Yadu Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
23.Jaipal Singh Maravi S/o Lalsaay Singh Maravi Senior Horticulture
 Neutral Citation
2024:CGHC:21535
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  Development Officer Snr. H.D.O., Department Of Horticulture, Near
  Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
  Raipur C.G. , District : Raipur, Chhattisgarh
24.Sant Lal Deshlehre S/o Bhagoli, Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur C.G. ,
   District : Raipur, Chhattisgarh
25.Manjulata Banjare S/o B.L. Banjare Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
26.Kavita Fafre S/o M.L. Fafre Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur C.G. ,
   District : Raipur, Chhattisgarh
27.Meena Mandavi D/o Jitendra Kumar Mandavi Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
28.Kavach Bhagat S/o Temba Ram Bhagat Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
29.Sanjana Banjare S/o T.R. Banjare Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
30.Prateeksha Banjare S/o Jwala Banjare Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
31.Karuna Kashyap S/o S.L. Kashyap Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
32.Sanjay Bhagat S/o S.R. Bhagat Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur C.G. ,
   District : Raipur, Chhattisgarh
33.Bhuneshwari W/o Late Shri H.S. Painkra Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
34.Umesh Kumar Painkra S/o Siribanto Say Senior Horticulture
   Development Officer Snr. H.D.O., Department Of Horticulture, Near
   Telibandha Railway Crossing, Ps Telibandha, Civand Rev District
   Raipur C.G. , District : Raipur, Chhattisgarh
35.Devendra        Pal   Singh   Kanvar   S/o   Nandlal   Kanvar   Senior
 Neutral Citation
2024:CGHC:21535
                               -4-




  Horticulture Development Officer Snr. H.D.O., Department Of
  Horticulture, Near Telibandha Railway Crossing, Ps Telibandha,
  Civand Rev District Raipur C.G. , District : Raipur, Chhattisgarh
36.Rajednra Kumar Mandavi S/o Halal Ram Mandavi Senior
   Horticulture Development Officer Snr. H.D.O., Department Of
   Horticulture, Near Telibandha Railway Crossing, Ps Telibandha,
   Civand Rev District Raipur C.G. , District : Raipur, Chhattisgarh
37.Arvind Kumar Pradhan S/o Jagdishwar Ram Pradhan Senior
   Horticulture Development Officer Snr. H.D.O., Department Of
   Horticulture, Near Telibandha Railway Crossing, Ps Telibandha,
   Civand Rev District Raipur C.G. , District : Raipur, Chhattisgarh
38.Aruna Kujur D/o Santosh Kumar Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur C.G. ,
   District : Raipur, Chhattisgarh
39.Mohan Sahu S/o Bhaiyalal Sahu Senior Horticulture Development
   Officer Snr. H.D.O., Department Of Horticulture, Near Telibandha
   Railway Crossing, Ps Telibandha, Civand Rev District Raipur C.G. ,
   District : Raipur, Chhattisgarh
                                                   ---- Respondents

AND

Kamal Narayan Nishad S/o Shri Kumar Nishad Aged About 28 Years Village Kahuakuda, Post Ghonch, P.S. And Tehsil Pithora, Distt. Mahasamund C.G. , Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary Deptt. Of Agriculture, Mahanadi Bhavan New Mantralaya Ps Vidhan Sabha Raiur C.G. , Chhattisgarh

2. Agriculture Producation Commissioner S/o Department Of Agriculture Mahanadi Bhavan, New Mantralaya P.S. Vidhan Sabha Raipur C.G. , District : Raipur, Chhattisgarh

3. The Director S/o Department Of Horticulture, Near Telibandha Railway Crossing Ps Telibandha Raipur C.G. , District : Raipur, Chhattisgarh

---- Respondents AND

Tileshwar Kumar Sahu S/o Palak Sahu Aged About 27 Years R/o Vill Chilhatikhurd, Post Bharda, Ps And Tah Doundi Lohara, Civil And Revenue Distt Balod, Cg, Chhattisgarh

---- Petitioner Versus

1. State Of Chhattisgarh Through Secretary, Deptt Of Agriculture, Neutral Citation 2024:CGHC:21535

Mahanadi Bhawan, New Mantralaya, Ps Bidhan Sabha, Raipur, Dist Raipur, Cg, Chhattisgarh

2. Agriculture Production Commissioner S/o Deptt Of Agriculture, Mahanadi Bhawan, New Mantralaya, Ps Vidhan Sabha, Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh

3. The Director S/o Deptt Of Horticulture, Near Telibandha, Railway Crossing, Ps Telibandha, Raipur, Dist Raipur, Cg, District : Raipur, Chhattisgarh

---- Respondents

For Petitioner : Mr. Shivank Mishra, Advocate holding the brief of Mr. Devershi Thakur, Advocate For State : Mr. Satish Gupta, Government Advocate

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25.06.2024 Heard.

1. The petitioners by way of filing three separate petitions have

challenged the appointment of the private respondents to the post of

Senior Horticulture Development Officer and Horticulture Development

Officer on the ground that their names were not taken into consideration

though the names of the petitioners were available in the final select list

as well as in the merit list.

2. The facts of the present case are that the Directorate of

Horticulture and Farm Forestry, Chhattisgarh, Raipur issued an

advertisement on 23.02.2013 for filling the vacant posts of Senior

Horticulture Development Officer and Horticulture Development Officer.

The last date for submission of the application form was 15.03.2013. The

petitioner namely, Ajay Kumar Patel had applied for the post of Senior

Horticulture Development Officer whereas the petitioners namely, Kamal

Narayan Nishad and Tileshwar Kumar Sahu had applied for both posts

i.e. Senior Horticulture Development Officer and Horticulture Neutral Citation 2024:CGHC:21535

Development Officer. The requisite qualification for the post of Senior

Horticulture Development Officer was M.Sc. in Horticulture from a

recognized University whereas for the post of Horticulture Development

Officer, it was the degree of graduation in Horticulture / Agriculture /

Agriculture Engineering / Bio-Technology. In the advertisement, it is

specifically stated that the deserving candidates may submit their

application form prior to the last date which was 15.03.2013. Clause 3(2)

of the Advertisement states that the candidates have to annex the

attested mark sheet of educational qualification. The petitioner namely,

Ajay Kumar Patel was called for the interview vide call letter dated

01.04.2013. The candidature of the petitioners was not considered by the

respondent authorities, therefore, these petitions have been filed.

3. Mr. Mishra, learned counsel appearing for the petitioners would

submit that the petitioners were qualified and eligible for appointment to

the post of Senior Horticulture Development Officer and Horticulture

Development Officer. He would further submit that no merit list was

prepared by the respondent authorities and directly, the candidates were

called for interview. He would also submit that no criteria for the interview

were fixed by the respondent authorities therefore, the selection and

appointment of the respondents are contrary to the service Rules.

4. On the other hand, Mr. Gupta, learned Government Advocate

appearing for the State would submit that the last date for submission of

application form was 15.03.2013. He would further submit that on the last

date for submission of the application form i.e. 15.03.2013, the

petitioners did not have requisite qualifications i.e. M. Sc. Horticulture or

graduation in Horticulture / Agriculture / Agriculture Engineering / Bio-

Neutral Citation 2024:CGHC:21535

Technology and when this fact came to the knowledge of the respondent

authorities, the candidature of the petitioners was rejected. He would

also submit that due to a mistake, the petitioner namely, Ajay Kumar

Patel in WPS No.1766 of 2013 was called for the interview but later on,

after verification of the documents, his candidature was also rejected. He

would further argue that the provisional degree was issued to the

petitioners on 12.04.2013 much after the last date of submission of

application forms. therefore, the candidature of the petitioners was rightly

rejected by the respondent authorities.

5. I have heard learned counsel appearing for the parties and

perused the documents placed on the record.

6. The Hon'ble Supreme Court in the matter of State of Uttar

Pradesh Vs. Vijay Kumar Misra reported in (2017) 11 SCC 521 in para

6 held as under: -

"6. The position is fairly well settled that when a set of eligibility qualifications are prescribed under the rules and an applicant who does not possess the prescribed qualification for the post at the time of submission of application or by the cut off date, if any, described under the rules or stated in the advertisement, is not eligible to be considered for such post. It is relevant to note here that in the rules or in the advertisement no power was vested in any authority to make any relaxation relating to the prescribed qualifications for the post. Therefore, the case of a candidate who did not come within the zone of consideration for the post could not be compared with a candidate who possess the prescribed qualifications and was considered and appointed to the post. Therefore, the so-called confession made by the officer in the Court that persons haying lower merit than the respondent have been appointed as SDI (Basic), having been based on misconception is wholly irrelevant. The learned single Judge clearly erred in relying on such a statement for issuing the direction for appointment of the respondent. The Division Bench was equally in error in confirming the judgment of the learned single Judge. Thus the judgment of the learned single Judge as confirmed by the Division Bench is unsustainable and has to be set aside."

Neutral Citation 2024:CGHC:21535

7. The Hon'ble Supreme Court in the matter of The State of Bihar

and others Vs. Madhu Kant Ranjan and another reported in (2021) 17

SCC 141 has held that the documents should be submitted by the

candidate before the cut off date. In Para - 11, it was observed and held

as under:-

"11. As per the settled proposition of law, a candidate/applicant has to comply with all the conditions/eligibility criteria as per the advertisement before the cut-off date mentioned therein unless extended by the recruiting authority. Also, only those documents, which are submitted alongwith the application form, which are required to be submitted as per the advertisement have to be considered. Therefore, when the respondent No.1 - original writ petitioner did not produce the photocopy of the NCC 'B' certificate alongwith the original application as per the advertisement and the same was submitted after a period of three years from the cut-off date and that too after the physical test, he was not entitled to the additional five marks of the NCC 'B' certificate. In these circumstances, the Division Bench of the High Court has erred in directing the appellants to appoint the respondent No.1 - original writ petitioner on the post of Constable considering the select list dated

08.09.2007 and allotting five additional marks of NCC 'B' certificate."

8. The Hon'ble Supreme Court in the matter of Divya Vs. Union of

India and others reported in (2024) 1 SCC 448 in paras 47 to 51 held as

under: -

"47. In Charles K. Skaria (supra), most candidates possessed the eligibility viz. the diploma. Only the proof in the form of certificate was awaited. The authorities had also accepted them as eligible, expressly informing the selection committee that for eligible candidates even if proof came later and before the final selection, it should be considered as valid. This was also equally the situation in Dolly Chhanda (supra), Alok Kumar Singh (supra) and Dheerender Singh Paliwal (supra) where the factual position about the eligibility was not in dispute. Those cases and the cases of that ilk cannot support the petitioners in this case for the purpose of claiming eligibility in CSE-2022 as an EWS candidate.

48. The meaning of the word "eligible" as defined in P. Neutral Citation 2024:CGHC:21535

Ramanatha Aiyar's Advanced Law Lexicon is set out hereunder:-

"Applied to the selection of persons, the word has two meanings i.e. "legally qualified," or "fit to be chosen."

Applied to our context, a person can be found eligible as an economically weaker section candidate and he can be considered as a fit person to be chosen under that category only if the requirement of the OM of 31.01.2019 and Rule 27(3) read with Rule 28 are fulfilled.

49. In Gaurav Singh's case (supra), it has been categorically held that assets for the particular Financial Year, prior to the year of submission, goes to the root of eligibility of the candidate in the EWS category. It has been further held therein that the candidates whose I&ACs are not in order did not have any legal right to be considered. It has also been held that no candidate can claim any legal right for reconsideration of the candidature by submitting a fresh certificate and/or a rectified certificate.

50. That is the fundamental distinction between the Charles J. Skaria (supra) line of cases and the cases at hand. As pointed out earlier, the eligibility for being categorized as EWS candidate crystallizes only when the I&AC is issued and, in this case, as required under the rules, it was to be issued and possessed by the candidate before 22.02.2022.

51. It is also very well settled that if there are relevant rules which prescribe the date on which the eligibility should be possessed, those rules will prevail. In the absence of rules or any other date prescribed in the prospectus/advertisement for determining the eligibility, there is a judicial chorus holding that it would be the last date for submission of the application. (See Rekha Chaturvedi v. University of Rajasthan [1993 Supp (3) SCC 168]; Bhupinderpal Singh v. State of Punjab [(2000) 5 SCC 262]; Ashok Kumar Sonkar v. Union of India [(2007) 4 SCC 54].

9. From a perusal of the documents placed on the record, it is

apparent that the last date for submission of the application form was

15.03.2013. It is also not in dispute that the provisional degree was

issued to the petitioner on 12.04.2013 i.e. after 15.03.2013. The grounds

raised by the petitioners with regard to the recruitment process or

criteria, select list etc. would not attract in the present case as the

petitioners did not have requisite qualifications as on 15.03.2013. The Neutral Citation 2024:CGHC:21535

petitioners themselves have filed the documents showing that the

provisional degree was issued on 12.04.2013.

10. It is well settled that when a set of eligibility qualifications are

prescribed under the rules and an applicant who does not possess the

prescribed qualification for the post at the time of submission of