Tridev Kumar Ausar vs State Of Chhattisgarh

Heard Mr. Rajkumar Sahu, learned counsel holding the brief of Mr. Prateek Sharma, learned counsel for the petitioner. Also heard Mr. Rahul Jha, learned Government Advocate, appearing for respondent No. 1/State and Mr. Anand Mohan Tiwari, learned counsel, appearing for respondent No. 2.

Also heard on I.A. No. 3 of 2022, which is an application for vacating the stay.

This Court on 20.10.2022 passed the following orders:-

“In view of the facts and circumstances of the case, submission of learned counsel for the parties, it is directed to Respondent No. 1, not be issue appointment order to the selected candidates till the next date of hearing.”

Learned counsel for the parties submits that the Division Bench of this Court in WPC No. 591 of 2012 and other connected matters on 19.09.2022 allowed the writ petition and passed the following orders:-

“85. In view of the above discussion, Act of 2011 and Section 3 of Act of 2012, and notification dated 29.11.2012 in Rules of 1998 so far as it relates to reservation as indicated in Schedule II Model Roster for districts of Surguja, Surajpur, Balrampur-Ramanujganj, Jashpur, Koria and Surguja Division, are adjudged and declared unconstitutional.”

They further submits that order dated 19.09.2022 was subject to challenge before the Hon’ble Supreme Court in Special Leave to Appeal (C) No (s). 18816-18817/2022 (Yogesh Kumar Thakur v. Guru Ghashdas Sahitya Avam Sanskriti Academy and others). The Hon’ble Supreme Court on 01.05.2023 passed the following order:-

“4. We, therefore, permit the State to go ahead with the selection process and make appointments and promotions.

However, it is made clear that the same shall be subject to the result of the petition.

All appointments and promotion orders shall specifically mentions that such appointments and promotions are subject to the final outcome of the present proceedings.”

By virtue of the order of Hon’ble Supreme Court it is stated by the learned State counsel that the State has now taken a decision to proceed with the appointment process.

In view of the above, this petition is disposed off at this stage, reserving liberty to the petitioner to approach this Court again if cause of action still survives.

In view of above, order dated 20.10.2022 passed by this Court stands vacated.

Consequently, all pending Interlocutory applications are disposed off.