1 2025:CGHC:41557 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2431 of 2023 1 - Sanjay Kumar S/o Ajit Singh Aged About 30 Years R/o Village Sivani Tahsil Dondilohara District Balod Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Education Department, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur (C.G.) 2 - Director Directorate Of Chhattisgarh Public Instruction Indravati Bhawan, Raipur District Raipur Chhattisgarh. 3 - District Education Officer Raipur District Raipur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Barun Kumar Chakrabarty, Advocate For Respondent(s) : Mr. Ashutosh Shukla, Panel Lawyer SB - Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 18/08/2025 1. The petitioners in these petitions are claiming 5% relaxation in the qualifying marks in their academic qualification which has been denied by the District Education Officer, District Raipur vide order dated 23.06.2022. 2. The issue is not res integra. As the Division Bench of this Court has already decided the issue with regard to entitlement of relaxation in Writ Appeal No. 501 of 2022 and other connected matters vide judgment and order dated 10.2.2023. The Division Bench in paragraphs 50 and 51, held as under:- “50. It is seen that a teacher of Panchayat Teacher Rules, 2012 and of Nagriya Nikay Teacher Rules, 2013, after completion of eight years of service, can also become a member of service under the Rules of 2019 through absorption. It is already noticed that under Panchayat Teacher Rules, 2012 as well as Nagriya Nikay Teacher Rules, 2013, relaxation of 5% in the qualification marks are given to the candidates belonging to reserved categories such as SC/ST/OBC/PH. Since there is reference to RTE Act, necessarily, the Rules of 2019 takes within its fold the minimum qualification as prescribed by NCTE. 51. In view of the above discussion, the order of the learned Single Judge is set aside. The writ appeals are allowed holding that the SC/ST/OBC candidates are entitled to 5% relaxation in their academic qualifications and such of the 3 writ petitioners who would consequently fulfill the minimum qualification shall be entitled to be appointed pursuant to the advertisement dated 09.03.2019.” 3. Recently, the Division Bench has allowed W.A. No. 191 of 2023 vide judgment dated 21.4.2023 relying upon the judgment passed in W.A. No.501 of 2022. 4. Learned State counsel would oppose the submissions made by learned counsel for the petitioners. They would submit that the benefit of relaxation can be given prospectively but not retrospectively. 5. I have heard learned counsel for the parties and perused the documents. 6. Considering the fact that the issue has already been decided by the Division Bench in W.A. No.501 of 2022 and other connected matters where in the last paragraph, the Hon’ble Division Bench has observed that the petitioners would be entitled to be appointed pursuant to the advertisement dated 09.03.2019 and it has been given retrospective effect. Therefore, in the light of the judgment passed by the Hon’ble Division Bench of this Court, these petitions are allowed and the order passed by respondent No.3 – District Education Officer (Annexure-P/1) whereby the candidatures of the petitioners were rejected, are hereby set aside holding that the SC/ST/OBC candidates are entitled to 5% 4 relaxation in their academic qualifications and such of the writ petitioners who would consequently fulfill the minimum qualification shall be entitled to be appointed pursuant to the advertisement dated 09.03.2019. Sd/- (Amitendra Kishore Prasad) Judge Saxena