Chattisgarh High Court
Shri Tikendra Kumar Dewangan vs State Of Chhattisgarh on 4 April, 2025
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
1
2025:CGHC:15847
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2276 of 2025
Digitally
signed by
1 - Shri Tikendra Kumar Dewangan S/o Mangturam Dewangan Aged
SHOAIB
SHOAIB ANWAR
ANWAR Date:
2025.04.05
17:37:43
+0530
About 37 Years R/o Quarter No. 12 F, Road 37, Sector 7, Bhilai, District
Durg, Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary Department Of Forest,
Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur,
Chhattisgarh.
2 - The Principal Chief Conservator Of Forest Aranya Bhawan, Sector-
19, North Block, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.
3 - Divisional Forest Officer Division- Dhamtari, Chhattisgarh.
... Respondent(s)
(Cause title taken from CIS) For Petitioner(s) : Shri Aditya Kumar Mishra, Advocate. For Respondent(s) : Shri Ajit Singh, Govt. Advocate. 2 Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 04.04.2025
1. The petitioner has filed this petition against the memo dated 20.03.2025, by which the Sub-Divisional Forest Officer, Dhamtari has rejected the representation of the petitioner on the ground of being ineligible for appointment of light motor vehicle driver.
2. The brief facts reflected from the record is that the Chief Conservator of Forests Chhattisgarh has issued an advertisement on 18.05.2023 for the posts i.e. 77 heavy motor vehicle drivers/ truck drivers/tractor drivers and 67 for light motor vehicles drivers. The advertisement also classfied about every forest areas as well as vacancies position. The petitioner belongs to Dhamtari District, therefore he has opted for Dhamtari Forest Division. According to the classification of the posts, for Dhamtari Forest Division of 67 light motor vehicles, 1 posts was advertised for Scheduled Tribes Category, and for Dhamtari Division total 4 posts were advertised for heavy vehicle driver/truck driver/tractor driver i.e. two for general category, one for OBC category and one for scheduled tribes category. The petitioner belongs to the OBC category and he has submitted his application form for light motor vehicle driver which is reserved for scheduled tribes category, but he could not submit the form for heavy motor vehicle/truck/tractor driver. Thus, he has moved an application for allowing him to participate in the selection process for appointment of heavy truck driver/tractor driver, the 3 same has been rejected by the Sub-Divisional Forest Officer vide communication dated 20.03.2025. Being aggrieved by the said order he has preferred this writ petition.
3. Learned counsel for the petitioner would submit that inadvertently he could not submit the form for consideration of the candidature on the post of heavy vehicle driver/truck driver/tractor driver. He would submit that he may be allowed to change his category from light motor vehicle to heavy motor vehicle. He would further submit that the petitioner is aged about 38 years and he is on the verge of completion of maximum age of age relaxation, therefore he may be allowed to change the same and would pray for quashing of the order dated 20.03.2025.
4. On the other hand, learned counsel for the State would submit that the selection process has already been initiated, therefore if he may be allowed to change the category from light motor vehicle to heavy motor vehicle, it will amount to change of rule of game, which is not permissible in view of the well settled position of law. Recently the Hon'ble Supreme Court in the matter of Tej Prakash Pathak & Others vs. Rajasthan High Court and Others 1, wherein the Hon'ble Supreme Court has held that after initiation of proceedings, the game of rule cannot be changed, thus he would pray for rejection of the present petition. He further refers Clause 3 of the Advertisement dated 18.05.2023, which is as under:-
III. परीक्षा के लिए आवेदन करने वाले अभ्यर्थियों को आवेदन करने के पूर्व स्वयं सुनिश्चित करना चाहिए कि वे परीक्षा में प्रवेश हेतु सभी पात्रता / शर्तों को पूरा करते हैं। परीक्षा के सभी स्तरों पर उनका प्रवेश पूर्ण तः
1. (2025) 2 SCC 1 4 अन्तरिम होगा। अभ्यर्थी को प्रवेश पत्र जारी किए जाने का अर्थ यह नहीं होगा कि उसकी अभ्यर्थिता विभाग द्वारा अन्तिम रूप से स्वीकार कर ली गई है।
5. I have heard learned counsels for both the parties and perused the records.
6. From the record, it is not in dispute that the petitioner has submitted his form for light motor vehicle driver and unfortunately there was no post available in the said category for OBC or general category, whereas the post was available for heavy motor vehicle driver/truck driver/tractor driver. As such if he is allowed to change his candidature that will amount to change of rule of law, which is not permissible in view of the settled position of law passed by the Hon'ble Supreme Court in the matter of Tej Prakash Pathak & Others (supra).
7. Considering the the well settled princple of law and also considering the selection process are pending since 2023 and lots of various steps for completion of the requisite proceeding has already been initiated. I am of the view that at this juncture, this Court cannot exercise the discretionary power to interfere in the selection process.
8. Accordingly, the writ petition being sans merit is liable to be and is hereby dismissed.
9. No order as to cost(s).
Sd/-
(Narendra Kumar Vyas) Judge Shoaib