Issuance Of Advertisement On The Basis Of Draft Rules Is Illegal: Chhattisgarh High Court
The Chhattisgarh High Court said that the issuance of advertisement on the basis of the Draft Rules is illegal in nature.
The Court was dealing with a writ appeal which was related to an application for condonation of delay.
A Division Bench comprising Chief Justice Ramesh Sinha and Justice Rajani Dubey observed, “The respondents/State have taken specific stand that the advertisement consists of draft rules which have not been framed; as such, issuance of advertisement on the basis of draft advertisement is illegal. This fact that the advertisement was issued on the basis of draft rule, is not disputed by the appellant/writ petitioner. It is well settled legal position of law that unless and until the rules are framed in exercise of power under Article 309 of the Constitution of India, it has no statutory value.”
The Bench added that the rules are made effective only when they fulfill the legal requirement of publication in the official gazette and on such publication shall have the effect as if enacted in the Act and once they cross these requirements, they have force and sanctity of law.
Advocate Surya Kawalkar Dangi represented the appellant while Additional Advocate General Yashwant Singh Thakur represented the respondents.
Brief Facts -
An intra court appeal was filed by the appellant/writ petitioner against the order passed by the Single Judge by which the Single Judge dismissed the writ petition filed by the appellant. The counsel for the appellant submitted that Engineer-In-Chief Public Works Department took a decision to issue an advertisement in the newspapers for inviting application for filling the sanctioned and regular post of Data Entry Operators, Assistant Grade - 3, Assistant Programmer, Stenographer and Steno-Typist (through direct appointment mode) and the advertisement was published.
It was submitted that for the conduct of the said examination, the State of Chhattisgarh was divided into 31 divisions and applications were called division wise, meaning thereby, that candidate residing in Raipur shall submit the application form in Raipur Division. The sufficient cause was shown in the application and accordingly, the application was allowed and delay of 119 days in filing the appeal was condoned.
The High Court in view of the facts and circumstances of the case noted, “Even otherwise, the law is well settled that the selected candidates have no indefeasible right to appoint. … Since the entire selection process has been cancelled and subsequent appointment for Bastar and Surguja division have already been done which was also not challenged by the appellant/writ petitioner. Even the selected candidates of this division have not been impleaded as party to the case.”
The Court further said that the cancellation of earlier advertisement by the respondent is not challenged by the appellant in the writ petition and thus, the Single Judge has not committed any illegality, irregularity, or jurisdictional error warranting interference by the court.
Accordingly, the High Court dismissed the appeal.
Cause Title- Shiv Kumar Singh v. State of Chhattisgarh (Neutral Citation: 2024:CGHC:12853-DB)
