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2025 DAILYLAW 1079 (CHH)

UMEND KUMAR v. STATE OF CHHATTISGARH

WPS/45/2025 · 2025-01-07

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:870 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 45 of 2025 • Umend Kumar S/o Shri Manharan Lal aged About 31 Years R/o Village Podi, P.S./P.O. Seepat, District Bilaspur Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur Chhattisgarh. 2. Director Directorate of Chhattisgarh Public Instruction, Indravati Bhawan, Raipur, Chhattisgarh. 3. Joint Director Department of School Education, Sarguja Chhattisgarh. 4. State Council of Educational Research And Training (SCERT) Raipur Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 5. Chhattisgarh Professional Examination Board (C.G. Vyapam) Through Controller Sector-19, North Block Atal Nagar, New Raipur Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Ritesh Verma, Advocate. For Respondent/State : Ms. Akanksha Verma Dabhadker, Panel Lawyer. For Respondent No. 5/Vyapam : Dr. Saurabh Kumar Pande, Dy. Advocate General. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/01/2025 1. By this petition, the petitioner has prayed for following relief soughts:- “10:1. that, the respondent may kindly be directed to submit the entire records as regards the petitioner's case. 10:2. that, this Hon'ble Court may kindly be pleased to quash the result/order of respondent no. 4 passed on dated 29.8.2023, (Ann.-P/1) of the document verification test and consider his newly corrected mark-sheet in recruitment process. Further, the Hon'ble Court directs the respondents to consider and decide his pending representation (Ann.-P/6) within stipulated time frame, in the interest of justice. 3 10:3. that, this Hon'ble Court may kindly be pleased to direct the respondents to make correction by convening the document verification of CTET mark sheet of the petitioner and allow him for recruitment. 10:4. that, this Hon'ble Court may kindly pass any order or issue any suitable writ as may deem fit under the circumstances of the case including the cost of the petition”. 2. Brief facts of the case, is that the respondent No. 2 published a detailed advertisement on 4.5.2023 for recruitment to the post of Assistant Teacher, Teacher and Lecturer through online application form. The educational qualification required in the advertisement published by the respondent in paragraph No. 2 (C) was T.E.T. qualified (Upper Primary Level). Accordingly, the petitioner has filed an online form on 21.5.2023 and selected his qualification as Higher Secondary, Graduation, Post Graduation, B.Ed. and CTET. The petitioner is having the qualification of TET and is having certificate of TET. He was called for document verification where his certificate of CTET was found ineligible on 29.8.2023, though his marks on mark-sheet is above passing margin. The typographical error on TET mark sheet was corrected by the department after making proper complaint. He gave representation on 23.1.2024 to the authorities to consider and 4 add his correct TET, qualification for the said post in his application form of recruitment which has not been decided yet. 3. Learned counsel for the petitioner submits that due to typographical error in the TET certificate the petitioner has been declared as ineligible, however, during the course of verification he has cleared the examination of recruitment of Assistant Teacher and he has cleared all the examination and other things, however, due to this anomaly occurred in the TET certificate he could not be given appointment. Now he has got rectified certificate of the TET in which he has been declared eligible as such he is praying that the respondents may be directed to consider his case on the basis of rectified TET certificate issued in his favour. 4. Learned counsel for the respondents have opposed the prayer made by the petitioner. 5. Considering the facts and circumstances of the case particularly taking note of the fact that due to mistake of respondent No. 5, the defect occurred in the TET certificate, the respondent No. 2 is directed to consider the application of the petitioner filed on 23.01.2024 on the basis of rectified TET certificate and if the candidature of the petitioner has been cancelled only on the basis of said certificate, he may be considered for the post applied. 5 6. The exercise be done within a period of four weeks from the production of the copy of this order. 7. With this observation, the instant petition is herey allowed. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat