Amit Singh Markam vs State Of Chhattisgarh

Heard Mr. Anchal Kumar Matre, learned counsel, appearing for the appellant. Also heard Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the respondent No. 1, Mr. Anand Mohan Tiwari, learned counsel, appearing for the respondent No. 2 as well as Mr. Ghanshyam Kashyap, learned counsel, appearing for the respondents No. 3 to 7,  who were the writ petitioners in WPC No. 4466 of 2020.

This writ appeal is presented against an order dated 17.11.2020 passed by the learned Single Judge in WPC No. 4466/2020 whereby the authorities were restrained from issuing any appointment order to the respondents No. 3 to 14 in the writ petition. The operative portion of the order dated 17.11.2020 of the learned Single Judge reads as follows:

“Considering the specific contention of learned Counsel for Petitioners that since Respondents No. 3 to 14 have already availed the benefit of reservation for the purpose of participating in the selection process, they should not be granted second advantage of reservation of availing the same under the Unreserved category, particularly for the reason that none of the Respondents No. 3 to 14 have got more than 50% mark which is otherwise the minimum required percentage of mark for getting selection under the Unreserved category, the Respondent authorities are restrained from issuing any appointment order to Respondents No. 3 to 14 till the next date of hearing.”

Mr. Matre submits that an application for vacation/alteration/ modification of the interim order dated 17.11.2020 was filed by the appellants before the learned Single Judge on 11.02.2021. However, as the aforesaid application is not being considered, having no alternative, this appeal was filed on 02.12.2021.

Having heard the learned counsel for the parties, we are of the considered opinion that the order that is required to be passed in the facts and circumstances of the case is to request the learned Single Judge to take up the application of the appellants for vacation/ alteration/ modification of the interim order dated 17.11.2020 and dispose of the same at the earliest. Ordered accordingly.

Taking that view, we do not entertain this appeal. Registry is directed to list the writ petition before the learned Single Judge having roster on 04.05.2022.

With the aforesaid observation and direction, the writ appeal stands disposed of. All pending IAs also stand disposed of.