1 2025:CGHC:52854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2921 of 2017 1 - Pankaj Shrivas S/o Shri Radhe Govind, Aged About 41 Years R/o Behind Women Hospital, Darripara, Thana City Kotwali, Ambikapur, District Surguja Chhattisgarh., Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Higher Education Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh., Chhattisgarh 2 - Chhattisgarh Public Service Commission, The Secretary, Shankar Nagar, Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) WPS No. 3912 of 2017 1 - Smt. Rajeshwari Tiwari W/o Shri Hemant Tiwari, Aged About 42 Years R/o Near Water Tank, Ward No. 18, Shikaripara, Baloda, District Balod Chhattisgarh., Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, Higher Education Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Raipur Chhattisgarh., Chhattisgarh 2 - Chhattisgarh Public Service Commission, Through Its Secretary, Shankar Nagar, P O And P S Shankar Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) 2 For Petitioner(s) : Mr. Kabir Kalwani, Ms. Zainab Vanak, Adv on behalf of Mr. Mateen Siddiqui, Adv. For respective Respondent(s) : Mr. R. K. Gupta, Additional A. G., Mr. Anand Mohan Tiwari and Dr. Sudeep Agrawal, Advocates (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 29/10/2025 1. Since the issue involved in the aforesaid writ petitions is one and the same except certain variations in subjects, they are being disposed of by this common order. 2. The petitioners have filed these writ petitions with a prayer that the marks obtained by the petitioners as 49.77 % and 49.86% respectively in under graduate course may be treated as 50%. They have also prayed that they may be allowed to participate in the interview for the post of Assistant Professor (Geography) and Assistant Professor (Commerce)- 2014 respectively. 3. The facts which emerge from the pleadings of the parties are that an advertisement was issued on 10.09.2014 by respondent No.1 inviting applications from the candidates for appointment on the post of Assistant Professor. Apart from the other qualifications, eligibility criteria of obtaining minimum 50% marks in the Higher Secondary Examination as well as in the graduation was prescribed to be a good academic record to the credit of aspiring candidates. The case of the petitioners is that they have obtained 49.77 % and 49.86 % in their under graduate course which should have been treated as 50% marks, and therefore, the relief as prayed for may be granted to them. 4. Learned counsel for the petitioners submits that according to rounding off theory, if the percentage of petitioners is more than 0.50, it should have been treated as 100% and as such the petitioners are only were left by 0.23, 0.14 respectively to make the marks 50% in both the courses, and being so, the candidature of the petitioners should have been considered by the respondent/ PSC and they may be called for the interview. They further submit that the petitioners in the written examination 3 conducted by PSC 2014, were successful in it, however as they could not procure 50% marks in undergraduate they were denied for the interview. 5. Reply has been filed by the respective respondents and they have denied the averments of writ petition and stated that the petitioners themselves have that one of the minimum eligibility qualifications for appointment on the post of Assistant Professor was 50% marks in undergraduate course and that they obtained less than that, therefore, they were rightly denied their appearance in the interview. It is further submitted that as the petitioners are not holding the requisite qualification and eligibility criteria, the writ petitions have no merit and are liable to be dismissed. They placed reliance upon the decision of Division Bench of this Court passed in WPS No. 5201/2014 and other connected matters dated 27.08.2015. 6. Heard learned counsel for the parties and perused the record. 7. There is no dispute to the fact that the petitioners have obtained 50% marks which was one of the mandatory eligibility qualification for appointment on the post of Assistant Professor in lieu of advertisement issued by the respondents. This issue has already come up before this Court in WPS No.5201/2014, wherein the Division Bench of this Court has observed in Para 34 as under:- “34. The contention of the Petitioners that alternatively marks at the Higher Secondary or Under Graduation level may be relaxed or rounded off under Rule 24 of the Recruitment Rules also merits no consideration by the Court. Power of relaxation cannot be applied to essential conditions of eligibility. Alternatively the Court cannot usurp the power of the State with regard to invocation of relaxation clause. It is for the State to consider the same if the aggrieved approaches for that relief. The issue has been raised in Court directly without approaching the authorities first and which is the first principle for, mandamus. Likewise, the issue for relaxation of age by the employer also pertains to the executive domain of the employer and it shall be wholly inappropriate exercise of jurisdiction under Article 226 of the Constitution to usurp that power of the employer and substitute it by 4 the views of the Court with regard to who may be suitable or unsuitable for the post of Assistant Professor. In (2001) 9 SCC 356 (Union of India v. Shivbachan Rai) it was observed :- "4...... Prescribing of any age limit for a given post, as also deciding the extent to which any relaxation can be given if an age limit is prescribed, are essentially matters of policy..... 8. In view of the above, as the issue involved in this writ petition has already been set at rest by the decision of Division Bench of this Court in WPS No.5201/2014, this Court does not find any good ground to allow these writ petitions. The writ petitions fails and are hereby dismissed. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2025.11.03 16:42:29 +0530