Chhattisgarh High Court

Selection tainted by systemic irregularities and lack of transparency justifies cancellation of departmental examination.

Harish Kumar & Another v. State of Chhattisgarh & Others [WA No. 202 of 2026 (2026:CGHC:10943-DB)]

Chhattisgarh High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Appellants (Patwaris) challenged an order dated 02.01.2026 passed by a Single Judge in WPS No. 1739 of 2025, which dismissed their writ petition.

Source reference: p. 3

The original petition sought a direction to the State to send the Appellants for training following a departmental examination held in 2023–2024 for promotion from Patwari to Revenue Inspector.

Source reference: p. 3

The State had withheld training and challenged the examination's integrity based on an investigation report dated 29.11.2024, which highlighted systemic irregularities including the inclusion of mobile numbers on OMR sheets, suspicious scoring patterns, and the success of closely related candidates.

Source reference: p. 3-4
02

Issues

1. Whether the departmental examination for promotion from Patwari to Revenue Inspector was conducted in a fair and transparent manner or was vitiated by systemic compromise.

Source reference: p. 3, para 7

2. Whether the Appellants were entitled to a direction for training based on their results in the contested examination.

Source reference: p. 4, para 7
03

Law Applied

The Court applied the "principle of preponderance of probabilities" to assess the fairness of public examinations.

Source reference: p. 3

It relied on the precedents of *Vanshika Yadav v. Union of India* and *State of West Bengal v. Baishakhi Bhattacharyya (Chatterjee) & Others*, which establish that the sanctity and integrity of examinations must be preserved and that a systemic compromise justifies the cancellation of the entire selection process.

Source reference: p. 4

It further clarified that doctrines of promissory estoppel and legitimate expectation do not apply when the selection process is tainted by fraud or procedural illegality.

Source reference: p. 4
04

Reasoning

The Division Bench adopted the reasoning from its prior judgment in *Satish Kumar Das v. State of Chhattisgarh* (WA No. 149 of 2026).

Source reference: p. 3, 5

The Court analyzed the investigation report which revealed that OMR sheets required mobile numbers—a practice that enables candidate identification and compromises anonymity.

Source reference: p. 3

Furthermore, the court noted "suspicious" circumstances: the examination duration remained 90 minutes while questions increased from 50 to 100, yet candidates secured near-perfect marks; and 22 close relatives were allotted consecutive roll numbers despite being from different districts.

Source reference: p. 4

The Court concluded these factors cumulatively pointed toward favoritism and nepotism, rendering the process unfair and non-transparent.

Source reference: p. 4

Consequently, the Court found no "palpable infirmities" in the Single Judge's refusal to grant relief.

Source reference: p. 5
05

Holding

The High Court dismissed the intra-court appeal, affirming the Single Judge's order.

The Court held that since the selection process was tainted by systemic irregularities, the Appellants had no right to be sent for training.

Source reference: p. 4

The State was granted liberty to conduct a fresh examination to ensure a fair selection process, while clarifying that these findings would not prejudice pending criminal proceedings.

Source reference: p. 4

No costs were awarded.

Source reference: p. 5
Chhattisgarh High Court

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Harish Kumar & Another v. State of Chhattisgarh & Others [WA No. 202 of 2026 (2026:CGHC:10943-DB)]

Chhattisgarh High Court · no citation

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