1 2025:CGHC:7641-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1063 of 2025 Hansa Kushwaha W/o Yogesh Kumar Kushwaha Aged About 30 Years R/o Village - Gopalpur Surajpur, District - Surajpur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, District - Raipur, Chhattisgarh 2 - Director, Directorate Of Public Instruction (DPI) Indravati Bhawan, District Raipur, Chhattisgarh 3 - Director Technical Education Indravati Bhawan, District - Raipur Chhattisgarh 4 - Secretary Chhattisgarh Board Of Secondary Education, Pension Bada, Raipur, District - Raipur, Chhattisgarh ... Respondents For Petitioner : Mr.Aman Upadhyay, Advocate For Respondents No.1 to 3 For Respondent No.4 : : Mr.Yashwant Singh Thakur, Additional Advocate General Mr.Animesh Tiwari, Advocate BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.02.13 17:34:03 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 13.02.2025 1. Heard Mr.Aman Upadhhay, learned counsel for the petitioner. Also heard Mr.Yashwant Singh Thakur, learned Additional Advocate General appearing for respondents No.1 to 3/State and Mr.Animesh Tiwari, learned counsel appearing for respondent No.4. 2. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of petitioner. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to set aside/quash the impugned notification dated 04.05.2023 issued by the State Government whereby amending the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 and further be pleased to issue a writ in nature of mandamus to the Respondents to 3 restore the original provision as it was before the amendment in the Rules, 2019. 10.3 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby declaring Annexure P/5 as equivalent to Higher Secondary passing Certificate and can be accepted as equivalent to 12th passing in the recruitment process of services under the Respondents. 10.4 That, this Hon'ble Court may kindly be pleased to issue a writ in nature of mandamus whereby to direct to the Respondents to consider the candidature of the petitioner for the recruitment on the post of Assistant Teacher in respect to the advertisement dated 04.05.2023 issued by the Respondent DPI and provide appointment to the petitioner accordingly. 10.5 That, any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 3. Brief facts of the case are that on 04.05.2023, the Respondent DPI Chhattisgarh issued an advertisement for recruitment on 4 various posts of Assistant Teacher Class-III (E/T Samwarg) and invited online applications from the candidates and the petitioner applied in virtue of the advertisement and appeared in the Assistant teacher Recruitment Examination 2023 and in the result, the petitioner scored 75.262 marks and secured 3392 position in the merit list of OBC category and the Petitioner was called for document verification and after document verification a memo/order was issued online in the website of the respondents on 10.02.2024 whereby the petitioner was found ineligible for want of mark-sheet of Higher Secondary Examination. When the Petitioner preferred a Writ Petition bearing WPS No. 4483 of 2024 (Smt Hansa Kushwaha v. State of CG & Ors.) raising her grievance, the writ petition was dismissed by learned Single Judge of this Court vider order dated 5.8.2024 on the ground that the petitioner has not passed 12th examination and equivalent degree has not been accepted in terms of the advertisement. On 04.05.2023 the impugned notification (Annexure P/1) was issued by the State Government whereby omitting the words "Direct recruitment shall be subject wise" in the Column 8 of entry 36 of Schedule-ll of Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 and for serial number (i) and (ii) of Annexure namely:-1, following serial number have been substituted namely:- (i) Assistant Teacher:- 5 (1) Senior Secondary with at least 45 percent; and (2) D.Ed. or B.Ed. or B.El.Ed. passed; and (3) Passed the T.E.T. (Primary Level) (ii) Teacher:- (1) Graduate with minimum 45 percent; and (2) D.Ed. or B.Ed. or B.El.Ed. passed; and (3) Passed the T.E.T. (Upper Primary Level) 4. The present petitioner has not undergone school level higher secondary examination but instead, the petitioner completed the three years Course of Diploma in Electrical Engineering (2009- 2012) from the Chhattisgarh Swami Vivekananda Technical University, Bhila which is equivalent to the certificate of higher secondary school and therefore after passing the three years Course of Diploma in Electrical Engineering (2009-2012) from the Chhattisgarh Swami Vivekananda Technical University, Bhilai, the petitioner had taken admission in graduation course i.e. the three years Course of Degree in Bachelor of Electrical Engineering (BE) (2012-2013) from the Chhattisgarh Swami Vivekananda Technical University, Bhilai and earlier to the impugned amendment, equivalent degree was used to be considered but after amendment the petitioner is deprived of her right to participate in the recruitment process of Assistant Teacher and therefore, the 6 amendment is bad, unreasonable and illegal and therefore, interference of this Hon'ble Court is required. Hence this petition. 5. Learned counsel for the petitioner submits that earlier to the impugned amendment, equivalent degree was used to be considered, but after amendment the petitioner is deprived of her right to participate in the recruitment process and therefore, the amendment is bad, unreasonable and illegal and therefore, interference of this Court is required. He further submits that in India there are number of diploma courses such as Diploma in Engineering, Diploma in fine arts, Diploma in Pharmacy, Diploma in Hotel Management, Diploma in Event Management etc. which can be pursued after passing 10th Class and are considered equivalent to 12th Class. There is no reasonable justification to exclude candidates from participating in the recruitment process by amending the existing rules giving opportunity to them to participate. He also submits that the present petitioner has not undergone school level higher secondary examination but instead, the petitioner completed the three years Course of Diploma in Electrical Engineering (2009-2012) from the Chhattisgarh Swami Vivekananda Technical University, Bhilai which is equivalent to the certificate of higher secondary school and therefore after passing the three years Course of Diploma in Electrical Engineering (2009-2012) from the Chhattisgarh Swami Vivekananda Technical University, Bhilai, the petitioner had taken admission in graduation course i.e. three years Course of Degree 7 in Bachelor of Electrical Engineering (BE) (2012-2013) from the Chhattisgarh Swami Vivekananda Technical University, Bhilai. As such, the writ petition deserves to be allowed. He relies upon the judgment of the Supreme Court in the matter of Unnikrishnan CV and others v. Union of India reported in 2023 LiveLaw (SC) 256. 6. On a pointed query being made from learned counsel for the petitioner as to whether the advertisement was issued before the amendment or after the amendment, he fairly submits that the amendment was made on 4.5.2023 (Annexure P-1) and on the same day, advertisement was issued by respondent No.2. It is not the case of the petitioner that advertisement was issued earlier and thereafter the amendment was made. Even otherwise, earlier also the petitioner had filed writ petition being WPS No.4483 of 2024, which was dismissed by learned Single Judge of this Court vide order dated 5.8.2024 on the ground that the petitioner is not holding the requisite qualification for the said post. 7. In that view of the matter, we do not find any good ground to entertain this writ petition. The writ petition being devoid of merit is liable to be and is hereby dismissed. No cost(s). Sd/- Sd/- Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Bablu