Ramayan Prasad Rathor vs State Of Chhattisgarh

Proceedings of this matter have been taken up through Video Conferencing.

The petitioner herein calls in question the legality, validity and the correctness of the order dated 22.07.2011 (AnnexureÂP/8) passed by the

Additional Commissioner, Bilaspur Division, whereby the revision preferred by the petitioner against the order of the Appointing Authority, the

respondent No.4 has been dismissed finding no merit.

Mr. Rao, learned counsel for the petitioner, would submit that though the petitioner is Commerce Graduate and the posts were advertised vide

AnnexureÂP/1 for appointment on the post of Shiksha Karmi GradeÂII for Arts and Science Subjects, but the other Panchayats have already

appointed the Commerce Graduates candidates to the post of Shiksha Karmi Grade II reserved for Science and Arts subjects, therefore, the

petitioner's candidature ought to have been considered. Thus, the Appointing Authority, the respondent No.4 and the learned Commissioner have

committed illegality in rejecting the petitioner's candidature for the post of Shiksha Karmi GradeÂ​II and the impugned order deserves to be set aside.

Learned State counsel would support the impugned order.

I have heard learned counsel for the parties, considered their rival submissions and went through the records with utmost circumspection.

A careful perusal of clause 2 of the advertisement dated 14.01.2008 (AnnexureÂP/1) would show that for appointment on the post of Shiksha

Karmi GradeÂII, the candidate should have the qualification of graduation in Science and Arts Subjects and B.Ed Degree. Admittedly, the petitioner

was Commerce Graduate and thus he was not qualified for the advertised posts, therefore, the Appointing Authority is justified in rejecting petitioner's

candidature, which has rightly been affirmed by the learned Commissioner in the revision preferred by the petitioner.

I do not find any illegality and perversity in the finding recorded by the learned Commissioner and the contention of learned counsel for the

petitioner that the other Panchayats have also admitted the candidature of the Commerce Graduates candidates, it cannot be a ground to claim any

negative equality. Accordingly, the writ petition is dismissed leaving the parties to bear their own costs.