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2025 DAILYLAW 3804 (CHH)

SHIVGOPAL RAISAGAR v. STATE OF CHHATTISGARH

WPS/375/2025 · 2025-01-16

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:2650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 375 of 2025 • Shivgopal Raisagar S/o- Chandulal Aged About 33 Years R/o- Khelwarpara, Kachanda, Nawagarh, District- Janjgir- Champa (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through- Secretary, Department Of School Education, Ministry, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District- Raipur (C.G.). 2. Director Directorate Of Public Instruction, Sector- 17, Kotarabhantha, Atal Nagar, Nava- Raipur, District- Raipur (C.G.). 3. Deputy Director Directorate Of Public Instruction, First Floor, Block- C, Indravati Bhawan, Atal Nagar, Nava- Raipur, Dist- Raipur (C.G.). 4. Chhattisgarh Professional Examination Board Through- Controller, Sector- 19, North Block, Atal Nagar, Nava Raipur, Dist- Raipur (C.G.) ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Ms. Reena Singh, Advocate. For Respondent(s)/State : Mr. Vivek Sharma, Addl. A.G. For Respondent No. 4 : Mr. Animesh Tiwari, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 16/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) That, this Hon'ble Court may kindly be pleased to issue necessary direction to the respondent authorities to consider the representation of the petitioner and allow him to amend/correct/rectify the bonafide mistakefor doing ratification i.e. to add the qualification of D.El.Ed. and further allow him to take part in the counselling for filling up the post for Assistant Teacher. (ii) In addition, this Hon'ble High Court may pass any suitable order/orders protecting the rights of the petitioner. (iii) An affidavit is filed herewith in support of this petition.” 2. Brief facts of the case, is that, respondent no. 2 has published an advertisement dated 24.05.2023 and invited application for filling up the post of Assistant Teacher through on-line application for two categories i.e. for Assistant Teacher E Cadre Non- Gazetted 3 Class III (Pay Matrix Level-6) & for Assistant Teacher T Cadre Non-Gazetted Class III (Pay Matrix Level-6) with requisite educational qualification, age limit, reservation, syllabus and other important instruction for the above-mentioned posts. The petitioner belong to OBC (non-creamy layer) category and has educational qualification of Higher Secondary, D.El.Ed., B.Ed, and CTET, CGTET and he has participated in the exam conducted by Chhattisgarh Professional Examination Board, Raipur, by filling the above mentioned on-line form, wherein he has mentioned his educational qualification as Higher Secondary Graduation# B.Ed.# CGTET CTET. The petitioner has received admit card for appearing in the examination being the eligible candidate and has appeared in the examination conducted by respondent No.4 on 10th June, 2023 and the examination result was declared on 02.07.2023 and consolidated merit wise list was declared in which the petitioner has scored overall Rank 5759 with 70.28 marks. after the publication of merit list, on 23.08.2023 the respondent no.3 has published Amended Notice/ notification, with respect to Teachers Direct Selection mentioning with regard to the process of appointment to these posts to be done through online counseling and now the new merit list is going to be published for the recruitment on the post of Assistant Teacher by respondent No.3. The petitioner is having D.EI.Ed degree prior to 4 filing of the application but due to mistake he could not file the same. After realizing his mistake, the petitioner approached to the concerned respondents but the concerned authority has not taken the representation of the petitioner and again the petitioner approached the authority and made representation dated 06.01.2025 for correcting the same, as he could suffer severe difficulty with regard to the same in the counseling/ selection. The petitioner is holding both the qualifications of B.Ed. and D.El.Ed. for the said reason, he may be allowed and permitted to do the said rectification/addition of D.El.Ed. as his qualification, so that being eligible candidates his name could come in the merit list and would be permitted to take part in the counselling. 3. Learned counsel for the petitioner submits that the petitioner could not be considered for the post of teacher primary school as he is having B.Ed degree. The petitioner submits that he is having D.EI.Ed degree which he has not stated in his application and as such his application has been rejected. She further submits that the application of the petitioner is pending vide Annexure P/4. 4. Considering the aforesaid facts, the respondent No. 2 is directed to consider the case of the petitioner in light of the fact that he is having D.EI.Ed degree which he could not state in his application . The petitioner is also directed to file a suitable application along 5 with such degree and the respondent No. 2 is directed to decide the application in a pragmatic manner. 5. With this observation and direction, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat