Facts
The petitioner applied for the post of Secretarial Assistant (originally advertised as Data Entry Operator) pursuant to an advertisement dated 07.12.2020.
Source reference: para. 2The recruitment criteria under Clause 3.4 stipulated that candidates would receive experience marks (10–15 marks) provided they had worked in Government or Semi-Government institutions on the specific post applied for.
Source reference: para. 2, 7Although the petitioner qualified for the exam, the Selection Committee refused to grant him experience marks.
Source reference: para. 3The petitioner submitted two experience certificates from Government Polytechnic Colleges (Surajpur and Korea) indicating he was appointed as a "part-time Lecturer" but had performed duties as a Data Entry Operator and Computer Operator in addition to his teaching role.
Source reference: para. 8Consequently, the petitioner challenged the Final Selection List dated 21.06.2021.
Source reference: para. 1Issues
1. Whether a candidate appointed as a "Part-time Lecturer" is entitled to experience marks for the post of "Secretarial Assistant/Data Entry Operator" under Clause 3.4 of the recruitment advertisement.
Source reference: para. 92. Whether the writ petition is maintainable in the absence of impleading the selected candidate as a party respondent or challenging their appointment order.
Source reference: para. 9, 10Law Applied
The court applied the doctrine of strict adherence to recruitment advertisements, specifically Clause 3.4, which mandates that experience marks shall only be awarded if the experience is gained in the "applied post" (pados se sambandhit).
Source reference: para. 7In matters challenging a selection process, the successful candidate is a necessary party; failure to implead such a party or challenge their specific appointment order is fatal to the writ petition.
Source reference: para. 9, 10Reasoning
The court observed that Clause 3.4 of the advertisement explicitly required the experience to be on the "applied post".
Source reference: para. 7Upon reviewing the petitioner’s certificates, the court noted that the petitioner was formally appointed as a "part-time Lecturer" and not as a "Data Entry Operator" or "Secretarial Assistant".
Source reference: para. 9The Court reasoned that performing auxiliary computer-related tasks while holding a different substantive designation (Lecturer) does not satisfy the requirement of having been "engaged or appointed on the post" of Data Entry Operator.
Source reference: para. 9, 10The court found a significant procedural lapse: the petitioner failed to implead the candidate who was actually selected and appointed to the post, nor did he challenge that individual's appointment order.
Source reference: para. 9Since the recruitment was for a contractual position from 2020 and the petitioner failed to meet the specific experience criteria or follow procedural requirements, the court found no merit in the challenge.
Source reference: para. 10Holding
The High Court dismissed the petition, holding that the petitioner was ineligible for experience marks because his formal appointment was as a Lecturer, not in the post applied for.
The Court further held that the failure to implead the selected candidate and the failure to challenge the appointment order precluded the grant of any relief.
Source reference: para. 10The prayer to quash the selection list and grant 10 marks for experience was denied.
Source reference: para. 10Original Court PDF
AAKASH VERMAvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in