Statutory recruitment quotas cannot be eliminated by rounding off fractional posts to render a recruitment source otiose.

The petitioners, serving as Lecturers in the Medical Education (Ayush) Department, challenged the Advertisement dated 08.02.2023 issued by the Chhattisgarh Public Service Commission (CGPSC) for direct recruitment to the posts of Reader (Panchkarm and Kayachikitsa).

Under the Chhattisgarh Public Health (Indian System of Medicine and Homeopathy) (Gazetted) Service Recruitment Rules, 1987, the recruitment quota was 75% by promotion and 25% by direct recruitment.

Given there were only two sanctioned posts in each discipline, a mathematical application resulted in 1.5 posts for promotion and 0.5 posts for direct recruitment.

The petitioners contended that per a 2011 Government Circular, the 1.5 should be rounded up to 2 and the 0.5 rounded down to zero, effectively making both posts promotional and excluding direct recruitment.

During the pendency of the petitions, the recruitment process was completed, merit lists were published on 17.04.2023, and selected candidates (Respondents 4 and 6) joined their respective posts.

1. Whether the fractional distribution of posts (1.5 for promotion and 0.5 for direct recruitment) must be rounded off in a manner that eliminates the direct recruitment quota entirely.

2. Whether the impugned advertisement and subsequent selection process were contrary to the applicable statutory rules and executive guidelines.

3. Whether the writ petitions were maintainable following the conclusion of the selection process and the non-impleadment of necessary parties in one of the petitions.

Chhattisgarh Public Health (Indian System of Medicine and Homeopathy) (Gazetted) Service Recruitment Rules, 1987, which mandates a specific ratio for recruitment sources.

Principle of pragmatic and purposive interpretation of statutes to ensure that a statutory quota is not rendered "otiose" or "redundant" by executive instructions.

State Government decision dated 06.10.2007, which clarified that rounding off cannot be used to extinguish a recruitment avenue.

The right to be considered for promotion under Articles 14 and 16, as discussed in Ajit Singh (II) v. State of Punjab, but limited its scope to existing vacancies within the prescribed quota.

The court reasoned that statutory rules providing for a specific quota aim to balance different sources of recruitment; therefore, any interpretation that completely eliminates the direct recruitment source would defeat the intent of the 1987 Rules.

While the petitioners relied on a 2011 Circular for rounding off, the court found it was a general instruction that could not override the specific 2007 policy decision which prohibited treating a 0.5 fraction as zero if it nullified the direct recruitment category.

The court noted that the State was transitioning to the 2022 Recruitment Rules (notified June 2023), which prescribed a 50:50 ratio, and the advertisement for one direct recruitment post was consistent with this evolving policy framework.

Procedurally, the court observed that the selection process had attained finality and that the petitioners failed to challenge foundational steps like the initial requisition or the final select list, nor did they implead all successful candidates, which is fatal to a challenge against a selection process.

The court dismissed both writ petitions, ruling that the right to be considered for promotion does not entitle a candidate to claim an increase in promotional posts by eliminating the direct recruitment quota.

No order as to costs was made.