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2025 DAILYLAW 21402 (CHH)

TULSI v. STATE OF CHHATTISGARH

WPS/3552/2025 · 2025-06-08

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:22558-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3552 of 2025 Tulsi D/o Firat Ram Aged About 25 Years R/o Gudarukala, Tahsil- Jaijaipur, District- Janjgir-Champa (C.G.) ... Petitioner(s) versus 1. State of Chhattisgarh Through Its Secretary School Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur (C.G.) 2. The Director, Directorate of Public Instruction, Indrawati Bhawan, 3rd Floor, Raipur, District Raipur (C.G.) 3. District Education Officer, Kanker, District Kanker (C.G.) ...Respondent(s) For Petitioner : Mr. Sachin Nidhi, Advocate. For Respondents/State : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 09.06.2025 1. Heard Mr. Sachin Nidhi, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State. BRIJMOHAN MORLE Digitally signed by BRIJMOHAN MORLE Date: 2025.06.10 14:55:42 +0530 2 2. The present petition has been filed by the petitioner with the following prayers: “10.1 This Hon’ble Court may kindly be pleased to declare the condition minimum age limit 21 years prescribed at serial No. 2 column No. 3 of Schedule-III of Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019, is ultra-vires viz-a-viz Article 14 & 16 of the Constitution of India (Annexure P/1); 10.2 This Hon’ble Court may kindly be pleased to direct the respondent authority to consider minimum age limit as 18 years for appointment to the post of Assistant Teacher E-services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 as prescribed in the Rules of Panchayat & Rural Development Department and Urban Administration Department for the same post. 10.3 This Hon’ble Court may kindly be pleased to direct the respondent authority consider the candidature of petition for appointment to the post of Assistant Teacher E-Cadre and kindly set aside the order dated 21.03.2025 (Annexure P/2). Passed by the authority to declare the petitioner ineligible for the post of Assistant Teacher E-Cadre, in the interest of justice. 3 10.4 This Hon’ble Court may kindly be pleased to issue any other orders, writ or writs, direction or directions as this Hon’ble Court may deem fit in the facts and circumstances of the case in favour of the petitioners, in the interest of justice.” 3. It has been pointed out by the learned State counsel that the petitioner has already been participated in the recruitment process and her candidature has not been considered for appointment. Thereafter, she challenged the Rules in question to claim ultra-vires. He further submits that the similar petition i.e. WPS No. 5563 of 2022 challenging the Rules in question has already been pending before this Court, in which candidate has not participated in the examination, to which learned counsel for the petitioner seeks permission of this Court to withdraw the present petition. 4. In view of the submission made by the learned counsel for the petitioner, the present petition is dismissed as withdrawn. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Brijmohan