Deepak Kumar Sahu vs State Of Chhattisgarh & Ors.

By way of the present writ petition, the petitioner seeks a direction to the respondent authorities to issue an appointment order in his favour for the post of Training Officer, Workshop Calculation and Engineering Drawing, at Government Industrial Training Institute, Bhilai, as he was declared successful in the recruitment process initiated pursuant to the advertisement dated 05.05.2023 and its subsequent amendment dated 13.05.2023.

Learned counsel for the petitioner submits that, as stated in paragraph 7 of the return filed by the respondents, the candidature of the petitioner was rejected by the Document Verification Committee vide order dated 06.09.2023, on the ground that, during his tenure as a trainee in the concerned institution/department, he was not receiving his salary through a bank account or post office, as allegedly required under the guidelines issued by the National Council for Vocational Training (NCVT) dated 22.03.2021. Learned counsel further submits that the aforesaid issue has already been considered and decided by a Coordinate Bench of this Court in Yashashvi Pansari v. State of Chhattisgarh and Others, along with connected matters, in WPS No. 8069 of 2023. In the said case, the Coordinate Bench directed the respondent authorities not to reject the candidature of any petitioner merely on the ground of failure to produce a document establishing the mode of payment of salary. The authorities were further directed to complete the necessary exercise within 60 days and issue appointment orders in favour of eligible candidates within a further period of 15 days.

Per contra, learned State counsel attempts to justify the rejection of the petitioner's candidature by submitting that the advertisement itself prescribed a condition regarding the mode of payment of salary. However, learned State counsel is unable to controvert the submission made on behalf of the petitioner that the decision rendered by the Coordinate Bench in WPS No. 8069 of 2023 has not been set aside or interfered with by any higher forum.

I have heard learned counsel for the parties and perused the material available on record.

From the material available on record, it appears that the petitioner was selected for the post of Training Officer, Workshop Calculation and Engineering Drawing, at Government Industrial Training Institute, Bhilai, pursuant to the recruitment process initiated by the advertisement dated 05.05.2023, as amended on 13.05.2023. However, his candidature was rejected on the ground that, while working as a trainee in the concerned institution/department, he was not receiving his salary through a bank account or post office, as required under the NCVT guidelines dated 22.03.2021.

The issue involved in the present writ petition has already been considered by a Coordinate Bench of this Court in WPS No. 8069 of 2023 and connected matters. In the said decision, the Coordinate Bench specifically directed the respondent authorities not to reject the candidature of the petitioners merely on the ground that they had failed to produce documents regarding the mode of payment of salary. The authorities were permitted to undertake necessary verification and were directed to complete the exercise within the stipulated period, followed by the issuance of appointment orders to eligible candidates.

In view of the aforesaid decision, and in the absence of any material to indicate that the said judgment has been set aside or modified by a higher forum, this Court finds no reason to take a view different from that taken by the Coordinate Bench, thus the present writ petition is allowed with a direction to the respondent authorities that the candidature of the petitioner shall not be rejected on the ground that he failed to place on record any document with regard to the mode of payment of salary. The respondent authorities would be at liberty to inquire into other criteria, if necessary. There is no need for further inquiry, particularly in the cases where inquiry has already been conducted by the respondent authorities. The entire exercise shall be completed by the respondent authorities within a period of 60 days and thereafter, the respondents are directed to issue appointment orders in favour of the petitioners/eligible candidates within a period of 15 days.

Accordingly, the petition is allowed.