Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:11137
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1664 of 2025 1 - Nisha Dhruw D/o Jitendra Kumar Dhruw Aged About 31 Years R/o Behand Jarha Khar Block Nagri, District Dhamtari (C.G.)
... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan,
Mantralaya
New
Raipur,
District
Raipur
(C.G.) 2 - Director, Directorate of Chhattisgarh Public Instruction Indravati Bhawan, Naya Raipur, District
Raipur
Chhattisgarh 3 - Joint Director, Sarguja Educatin Division Ambikapur District Sarguja Chhattisgarh.
... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Shashi Kumar Kushwaha, Advocate For State/Respondents : Shri Ajit Singh, Government Advocate Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 06/03/2025
1. Case of the petitioner is that she has already been selected for the post of Teacher and since she was also selected for the post of Assistant Teacher, she did not join on the post of Teacher due to personal difficulty, but, now, her appointment on the post of Assistant Teacher has been cancelled. She has not committed any fault on her part as she had applied as per relevant rules, but, Digitally signed by GOPAL SINGH Date: 2025.03.24 11:10:22 +0530
2 subsequently, it was found that the rules itself were invalid and a B.Ed. pass candidate is not qualified for primary Teacher and thus the petitioner is bona fide in all respect and now since appointment of Assistant Teacher has been cancelled, she may be permitted to join as Teacher as per her appointment
order on the post of Teacher.
2. By this petition, the petitioner seeks the following relief:
“(i) That, this Hon'ble Court may kindly be pleased to direct the respondent to consider the case of the petitioner for joining on the post of Teacher to which he was selected and appointment order was also issued, in the interest of justice.”
3.
Learned counsel for the petitioner submits that the petitioner has already been selected for the post of Teacher and since she was also selected for the post of Assistant Teacher, she did not join on the post of Teacher, but, now her appointment on the post of Assistant Teacher has been cancelled. She has not committed any fault on her part as she had applied as per relevant rules, but, subsequently, it was found that the rules itself were invalid and a B.Ed. pass candidate is not qualified for primary Teacher and thus the petitioner was bona fide in all respect and now since appointment of Assistant Teacher has been cancelled, she may be permitted to join as Teacher as per her appointment order on the post of Teacher dated 3.10.2023.
4.
Learned counsel appearing for the State/respondents submits that he has no objection if a representation is made by the petitioner to the respondents authorities for redressal of her grievance.
5. I have heard the arguments raised on behalf of the parties and perused the material available.
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6. Be that as it may, without commenting anything on merits of the case, the instant writ petition is disposed of giving liberty to the petitioner to make a detailed representation before the concerned respondent/competent authority within a period of 15 days from the date of receipt of a copy of this order with all relevant documents, a copy of the instant writ petition and a copy of this
order to substantiate her claim and in turn the competent authority shall decide her representation expeditiously preferably within a period of 30 days from the date of submission of the representation.
7. With the aforesaid observations and directions, the writ petition is disposed of. Sd/-
(Amitendra Kishore Prasad)
JUDGE Gopal Singh