1 2025:CGHC:15771 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4767 of 2022 1 - Bhanu Pratap S/o Late Toran Singh Aged About 26 Years R/o Post Sirmina, Tahsil Podi-Uproda, District Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - Director Public Instructions, Education Department, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 3 - District Education OfÏcer Koriya, District - Koriya (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri C. Jayant K. Rao, Advocate. For Respondent(s) : Ms. Akanksha Verma, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 03.04.2025 1. Challenge in this writ petition is to the letter dated 11.06.2022 wherein petitioner has been declared ineligible for appointment on the post of Assistant Teacher (Arts). SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.04.03 23:03:13 +0530 2 2. Facts of the case, in a nutshell, are that in pursuance of the advertisement dated 09.03.2019, petitioner applied for the post of Assistant Teacher (Arts). In the examination conducted by VYAPAM, petitioner stood in merit position. On being successful, petitioner has been called for counseling and was declared eligible for appointment on the post of Assistant Teacher (Arts). Vide letter dated 11.06.2022 petitioner was declared ineligible for the reason that they have not passed Higher Secondary with Arts subject and passed Higher Secondary with Commerce subject. 3. In all the writ petition, following reliefs have been prayed for : “10.1 That, this Hon'ble Court may kindly be pleased to set aside the order dated 11.06.2022 (Annexure P/1), whereby the petitioner has been declared ineligible for the post of Assistant Teacher (Arts) and further direct the respondent authorities to consider the petitioner for the post of Assistant Teacher (Arts). 10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.” 4. Learned counsel for petitioner submits that petitioner was mainly disqualified on the ground that he has passed Higher Secondary with Commerce subject whereas post is for Assistant Teacher English (Arts) in primary school. They are having requisite qualification like Dl.Ed. / B.Ed and have also cleared TET examination, however, in spite of this fact, respondent authorities are not considering their candidature and they are not being 3 considered for appointment on the post of Assistant Teacher (Arts). It is further contention of learned counsel for petitioner that similarly situated persons have been considered in other Districts. 5. Learned State counsel has come up with a reply in which it is clearly stated that petitioners are eligible for appointment vide paragraph 9 and 10 of the reply of the State which is reproduced below : “9. However, the answering Respondent respectfully submitted that the decision made by the concerned District Education Officer was based on their understanding and interpretation of the eligibility criteria as mentioned in the advertisement. Despite this, it is acknowledged that the interpretation may not have been entirely correct or appropriate in light of the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019. These rules, known as the "Chhattisgarh School Education Services Rules, 2019," should have been adhered to more closely in this case. 10. The answering Respondent respectfully submitted that the interpretation of " व्यावसायियक यि5्ቌा" differs from that of a general Commerce subject. The note in the advertisement implies that vocational education refers to specialization in particular courses and not to subjects under the definition of Commerce. Based on this interpretation, the authority acted in accordance with the conditions mentioned in the advertisement and passed the order accordingly. Therefore, the actions and decisions taken by the authority were just and proper.” 6. In view of the submission made by learned counsel for the respective parties, in particular, submission made by learned State 4 counsel in which it is clearly stated that petitioner is eligibile and similar situated persons have been considered in other Districts, this petition is allowed and the respondent authorities are directed to consider case of petitioner for appointment as Assistant Teacher (Arts) in primary school as advertised by respondent authorities within 45 days. 7. With this observation and direction, writ petition stands allowed. Sd/- (Bibhu Datta Guru) Judge Shoaib