1 2025:CGHC:3772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7189 of 2024 • Prayanshu Sahu S/o Shri Lekhram Sahu Aged About 29 Years R/o House No. 463, Purana Chandaniya Para Ward No. 16, Tiwari Bal Udiyan Janjgir District - Janjgir - Chamapa (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through Its Secretary Department Of School Education Mahanadi Bhavan Mantralaya Police Station And Post - Rakhi Atal Nagar Nawa Raipur District - Raipur (C.G.) 2. Director Directorate Of Publice Instructions Indravati Bhawan Atal Nagar Naya Raipur District - Raipur (C.G.) 3. State Counil Of Education Research And Training Shankar Nagar Raipur District - Raipur Chhattisgarh 4. Chhattisgarh Professional Examination Board (C.G. Vyapam) Vyapam Bhawan North Block Sector - 19, Atal Nagar Raipur Chhattisgarh ... Respondents WPS No. 7196 of 2024 1. Sandeep Kumar Rathore S/o Shri Durga Prasad Rathore Aged About 32 Years R/o Ward No. 16, Purana Chandniya Para Balaji Provision Store, Janjgir, Distt. Janjgir-Champa Chhattisgarh 2. Deepak Rathore S/o Shri Durga Prasad Rathore Aged About 29 Years R/o Ward No. 16, Purana Chandniya Para Balaji Provision Store, Janjgir, Distt. Janjgir-Champa Chhattisgarh ... Petitioners 2 versus 1. State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mahanadi Bhavan, Mantralaya Police Station And Post - Rakhi, Atal Nagar, Nawa Raipur, Distt. Raipur Chhattisgarh 2. Director Directorate Of Public Instructions, Indravati Bhavan, Atal Nagar Naya Raipur, Distt. Raipur Chhattisgarh 3. State Council Of Educational Research And Training Shanker Nagar, Raipur, District Raipur, Chhattisgarh 4. Chhattisgarh Professional Examination Board (C.G. Vyapam) Vyapam Bhawan, North Block, Sector-19, Atal Nagar, Raipur, Chhattisgarh -----Respondents For Petitioner : Mr. Vivek Kumar Shrivastava, Advocate For Respondents : Ms. Shilja Shukla, Dy. G.A. Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 21/01/2025 1. The present petition is filed for issuing a direction to the respondent authorities to call for the petitioners to participate in the counseling proceedings and reconsider their candidature based on their overall rank and the documents furnished by him of his qualification for the post of Assistant Teacher as per the rules prevalent. 2. By this petition, petitioners pray for following relief(s):- 10.1. That this Hon’ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner from the possession of the respondent authorities for its kind perusal. 10.2. That this Hon’ble Court may kindly be pleased to direct the respondent authorities to call for the petitioners to participate in the counseling proceedings and reconsider his candidature based 3 on his overall rank and the the documents furnished by him of his qualification for the post of Assistant Teacher as per the rules prevalent. 10.3 That this Hon’ble Court may also kindly be pleased to grant any other relief deemed fir in the facts and circumstances of the case to the petitioner including cost of the petition. 3. Brief facts of the matter are that, That pursuant to the advertisement dated 4.5.2023 issued by respondent No.1 for various posts of teacher, the petitioner who were having all the requisite qualification submitted their application online for the post of Assistant Teacher. The minimum qualification prescribed in the advertisement for the post of Assistant Teacher is that the candidate must have passed higher secondary examination with at least 45% and have D.Ed. or B.Ed. or B.L.D. decree and T.E.T. pass (Primary Level). After scrutiny of the applications, the petitioner were issued admit card and they successfully participated in the said examination. However, some of the candidates filed writ petitions before this Hon'ble Court challenging the notification dated 28.06.2018, issued by the National Council for Teacher Education (hereinafter called as 'NCTE'), in exercise of the power as provided under Section 23(1) of the Right to Education Act 2009 which prescribed B.Ed. Degree holders eligible for appointment to the post of primary school teachers (Class I to V). On 2.4.2024 the Division Bench of this Hon'ble Court declared the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules 2019 prescribing the qualification of B.Ed. under Rule 8(III) as 4 eligibility criteria for Assistant Teacher of primary school as ultra vires and the said order was further affirmed by the the Hon'ble Supreme Court on 28.8.2024. On the basis of aforesaid decisions, the petitioners, who are otherwise eligible and qualified to be appointed as Assistant Teacher as they also holds the decree of D.Ed., has been excluded from participating in the counseling, hence this petition. 4. Learned counsel for the petitioners would submit that the petitioners are having decree of D.Ed as well as B.Ed and as per judgment passed by the Hon’ble Division Bench of this Court the candidates who is having decree of B.Ed are excluded from the selection process to the post of Assistant Teacher. He would further submit that if the petitioners have both degrees including D.Ed and B.Ed so that only D.Ed degree may be consider for his appointment. He further submits that the selection process are going on, if the department will consider their D.Ed decree perhaps they would be eligible. He further praying that the department may consider their candidature on the basis of D.Ed decree and pass appropriate orders. 5. Prayer appears to be fair and reasonable. 6. In view of above, respondents are directed to consider the B.Ed degree and pass appropriate order in accordance with law. 7. With this observation(s)/direction(s) instant petitions are disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE vaishali Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.01.30 11:10:30 +0530