1 2025:CGHC:44666 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4580 of 2022 * - Nirmala Netam D/o Shri Falit Netam Aged About 28 Years R/o 40, Raut Para Khadauda, Udiya Khurd, Kabirdham, Tahisl And District Kabirdham, Civil And Revenue District Kabirdham, Chattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhavan, Mantralaya, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 2 - The Director School Education Department, Indrawati Bhawan Block-C, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh 3 - The Joint Director School Education Department, Indrawati Bhavan, Atal Nagar, New Raipur,, District : Raipur, Chhattisgarh 4 - The District Education Officer, Raipur District Raipur, Chhattisgarh ... Respondents For Petitioner : Mr. Manoj Kumar Sinha, Advocate For Respondents/State : Ms. Neelima Singh Thakur, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 02/09/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That the Hon’ble Court be pleased to call for the entire records of the petitioner’s case. 10.2 That the Hon’ble court be further pleased to quash the letter / order dated 27.05.2022 (Ann. P/1) issued by the Respondent No. 4 District Education Officer Raipur disqualifying the petitioner for appointment on the post of Assistant Teacher (Science). 10.3 That the Hon’ble court be further pleased to direct Respondent No. 3 to issue appointment order to the petitioner for Digitally signed by RAMESH KUMAR VATTI Date: 2025.09.03 19:47:28 +0530 2 post of Assistant Teacher (Science) as she is qualified for the same. 10.4 Any other order that the Hon’ble Court deems fit and necessary in the circumstances of the case be also passed. 10.5 That the cost of the petition be also awarded to the petitioner. 2. Learned counsel appearing for the petitioner would submit that name of the petitioner for appointment to the post of Assistant Teacher (Science) has not been considered pursuant to Advertisement dated 09.03.2019 on the ground that the petitioner has secured less than 50% marks in higher secondary. He would contend that the issue involved in the present case is no more res integra. The Hon’ble Division Bench of this High Court in the matter of Abhishek Kumar Nirmalkar Vs. State of Chhattisgarh & Ors passed in WA No. 501/2022 & connected matters held that the candidates belonging to SC/ST/OBC are entitled to 5% relaxation in their academic qualifications and thus, they would be entitled to be appointed, if they fulfill minimum qualifications. He would contend that this petition may be disposed of in the terms of judgment passed in matter of Abhishek Kumar Nirmalkar (supra). 3. On the other hand, learned Panel Lawyer appearing for the State/respondents would oppose. 4. Heard learned counsel for the parties and perused the documents. 5. Considering the fact that issue involved in the present petition has already been decided by the Hon’ble Division Bench in the matter of Abhishek Kumar Nirmalkar (supra), this petition is disposed of in terms of the observations made in WA No. 501 of 2022 and connected matters. The petitioner would be at liberty to make a 3 representation alongwith copy of order passed in WA No. 501/2022 before respondents No. 3 and 4 and the said authorities are directed to consider the claim of the petitioner in objective manner preferably within a period of 90 days from the date of receipt of copy of this order. 6. With the aforesaid direction(s) / observation(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti