In a significant ruling emphasizing transparency and fairness in public recruitment, the High Court of Chhattisgarh has quashed the appointment of a Revenue Sub-Inspector in Bhatapara nearly 13 years after the selection process was completed.
The court found serious irregularities in the recruitment process conducted by the Municipal Council, including the exclusion of an eligible candidate, lack of transparency, and circumstances suggesting possible favoritism. The High Court directed authorities to conduct a fresh and fair selection process.
Background of the Case
The matter originated from a recruitment advertisement issued on November 16, 2012, by the Municipal Council of Bhatapara for the post of Revenue Sub-Inspector under the unreserved category. The prescribed qualifications for the post included a graduate degree and a PGDCA certification.
Petitioner Devendra Kumar Sahu submitted his application along with all required documents within the stipulated deadline. However, when the lists of eligible and ineligible candidates were published, his name was missing from both lists.
Subsequently, on March 23, 2013, Satish Singh Chauhan was appointed to the post.
Aggrieved by the exclusion from the recruitment process, Devendra Kumar Sahu approached the High Court through advocate Matin Siddiqui. The matter was heard before Justice Ravindra Kumar Agrawal.
Arguments Presented Before the Court
Representing the petitioner, advocate Ishan Saluja argued that documents obtained under the Right to Information Act, 2005 clearly established that the petitionerโs application had been duly received by the authorities.
Despite this, the petitioner was excluded entirely from the recruitment process, which the counsel argued reflected serious administrative negligence and procedural irregularity.
During the hearing, another important fact emerged: the father of the selected candidate, Satish Singh Chauhan, was serving as the Chief Municipal Officer (CMO) of the Municipal Council at the relevant time.
The petitioner argued that the involvement of the selected candidateโs father in the municipal administration raised legitimate concerns regarding impartiality and fairness in the recruitment process.
Court Raises Concerns Over Experience Certificate
One of the most critical observations made by the court related to the experience certificate submitted by the selected candidate. The certificate had reportedly been issued by his own father, who was then serving as CMO.
The High Court described the circumstance as โprima facie suspiciousโ and observed that such a situation casts doubt on the integrity and neutrality of the selection process.
The court further noted that if a candidateโs application exists in official records, failing to include the applicant in either the eligible or ineligible list constitutes a serious procedural error.
Justice Ravindra Kumar Agrawal observed that eliminating a candidate from consideration without due process violates the principles of natural justice and undermines the transparency expected in public recruitment.
Appointment Quashed, Fresh Recruitment Ordered
After examining the records and submissions, the High Court of Chhattisgarh set aside the appointment order issued on March 23, 2013.
The court directed the concerned authorities to initiate a fresh and transparent recruitment process in accordance with the law. It also instructed officials to duly consider the candidature of Devendra Kumar Sahu during the new selection process and issue a fresh appointment order based on merit and legal procedure.
The ruling is being viewed as an important reaffirmation of judicial oversight in public appointments and a strong message against favoritism and procedural irregularities in government recruitment.
