Nikhil Kumar Sushmakar vs State Of Chhattisgarh

This appeal is filed with an application (IA- 1 of 2018) seeking condonation of delay of 343 days. The Writ Petitioner is the appellant.

We have heard the learned counsel for the appellant and the learned Additional Advocate General.

The appeal is confined to the extent of refusal of relief by the learned Single Judge. We have seen the impugned judgment. The appellant filed the

Writ Petition on an issue referable to his Caste Certificate. He is placed 10th in the rank list for Civil Judge, Class- II (Entry level). The learned Single

Judge held that the Caste Certificate issue has to be considered by the High Level Caste Scrutiny Committee in terms of the statutory provision

applicable for the State of Chhattisgarh and in the meanwhile, the appellant could be considered only as a general merit candidate. Reason attributed

for the delay is the fact that appointment order has not been issued inspite of high ranking. We take a lenient view and hold that the appellant has

shown sufficient cause for condonation of delay. Hence, IA- 1 of 2018 is allowed and the delay is condoned.

The appeal is admitted for consideration.

The selection process for appointment to the post of Civil Judge, Class-II (Entry level) for which an advertisement was issued on 26.02.2014, consists

of a screening procedure through a preliminary test. The appellant appears to have applied claiming the benefit of his caste status. After the screening

process, he has come out in the open competition by attaining 10th rank in the select list. The marks obtained or points gained in the preliminary

screening test do not get carried forward to be added on to the qualifying marks, which will be the sum of that gained in the written examination and

the viva voce that will follow. This position notwithstanding, the fact of the matter remains that the appellant had shown his Caste Certificate issued by

the competent authority.

The learned counsel for the appellant placed reliance on Uttar

Pradesh Public Service Commission Vs Satya Narayan Sheohare and others {(2009) 5 SCC 473}.

Having regard to the scheme of the provisions of the Chhattisgarh SC and ST and OBC (Verification) of Social Status Act and the Rules 2013, it

appears that the scrutiny would thereafter be done only in cases where it requires to be done for the different reasons which are stated in that Act.

The present situation is one where the participation at the stage of selection after the preliminary screening has brought home the appellant to the 10th

ranking in the select list. Therefore, there will be an interim order that the appellant/petitioner shall be issued appointment order if his candidature is

otherwise in order.

The respondents may carry out the drill as suggested by the learned Single Judge through the High Power Caste Scrutiny Committee and if that

results in a decision adverse to the appellant/petitioner in due course, he will face such consequences. The appointment order shall be issued subject to

this condition.