1 2025:CGHC:6919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1030 of 2025 1 - Buleshwar Singh Verma S/o Balwant Singh Verma Aged About 39 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Ghatholi, Block Bemetara, District Bemetara (C.G.). 2 - Leelagar Singh Gendre S/o Rupanand Gendre Aged About 40 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Karhi, Block Bemetara, District Bemetara (C.G.). 3 - Akash Kumar Soni S/o Kamal Singh Soni Aged About 38 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Hathmudi, Block Bemetara, District Bemetara (C.G.). 4 - Ravi Shankar Soni S/o Pawan Kumar Soni, Aged About 44 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Dhangaon, Block Bemetara, District Bemetara (C.G.). 5 - Ramesh Kumar Sahu S/o Dwarika Prasad Sahu Aged About 40 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Jeeya, Block Bemetara, District Bemetara (C.G.). 6 - Sujata Patel D/o Ashwani Patel Aged About 41 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Jeora, Block Bemetara, District Bemetara (C.G.). 7 - Kavita Sen D/o Babulal Sen Aged About 37 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Jeeya, Block Bemetara, District Bemetara (C.G.). 8 - Smt. Sangeeta Verma W/o Roman Singh Verma Aged About 46 RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.03.26 16:32:16 +0530 2 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Hathmudi, Block Bemetara, District Bemetara (C.G.). 9 - Jiwan Ram Bhasker S/o Keshaw Ram Bhasker Aged About 53 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Jeori, Block Bemetara, District Bemetara (C.G.). 10 - Smt. Kanak Gemesh W/o Lakhan Kumar Aged About 48 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Kanteli, Block Bemetara, District Bemetara (C.G.). 11 - Manoj Kumar Verma S/o Jatat Ram Verma Aged About 42 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Silghat, Cluster Khudmuda, Block Berla, District Bemetara (C.G.). 12 - Jogi Ram Verma S/o Naresh Ram Verma Aged About 40 Years Presently Working As Teacher (L.B.) At Govt. Middle School, Silghat, Cluster Khudmuda, Block Berla, District Bemetara (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawa, Atal Nagar, Naya Raipur, District Raipur (C.G.). 2 - Director, Directorate Of Public Instructions Indravati Bhawan, Block- 3, 1st Floor, Atal Nagar Naya Raipur, District Raipur (C.G.). 3 - Joint Director (Education), Education Division, Durg, District Durg (C.G.). 4 - District Education Officer, Bemetara, District Bemetara (C.G.). ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Jeet Ram Patel, Advocate For State/Respondent(s) : Mr. S. Badgaiya, Dy. GA Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 3 06/02/2025 1. Heard Mr. Jeet Ram Patel, learned counsel petitioners as well as Mr. S. Badgaiya, learned Dy. Government Advocate for State/respondents. 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records as it relates to the case of the petitioners. 10.2 That, the Hon'ble Court may kindly be pleased to issue appropriate writ/ writs to declare the letter dated 30.12.2024 (Annexure-P/1) and letter dated 29.01.2025 (Annexure-P/2) as vitiate and bad in law and are not conformity with the relevant Rules i.e. Column 3 of the Sr. No.14 of the Schedule IV enacted under Rules 14 and 15 of the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019. 10.3 That, the Hon'ble Court may kindly be pleased to direct the respondents to consider all those teachers who are not having the B.Ed. degree, but are trained as per the Rules, 2019 for promotion on the post of Lecturer and direct the respondents to called for the ACRS of those teachers also. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 3. Learned counsel for the petitioners submits that the petitioners through the instant petition are challenging the arbitrary action on the part of the respondents, whereby the respondent no.2 has 4 issued a letter dated 30.12.2024 (Annexure-P/1) directing to all the Joint Directors (Education), Education Divisions Chhattisgarh to make sure available of the ACRS of only those Teachers who are having the B.Ed. degree for promotion on the post of Lecturer in due prescribed format on or before 10.01.2025 and the period to make available of the ACRs has further been extended vide letter dated 29.01.2025 (Annexure-P/2) till 03.02.2025, whereas the Chhattisgarh School Education Services Educational and Administrative Cadre Rules 2019 (for short, "the Rules of 2019) does not provide such compulsion of passing B.Ed. degree for promotion on the post of Lecturer. It is quite clear that the only requirement for promotion on the post of Lecturer is 5 years of teaching experience in feeder cadre without there being any compulsion of passing B.Ed. Degree. The Rules, 2019 is very much clear in this regard and in addition to 5 years of teaching experience in feeder cadre, the teachers have to trained post graduate (As per column 2) and the word trained has nowhere defined in the aforesaid Rules, 2019. The petitioners are trained post graduate having the others qualification as are required for promotion on the post of Lecturer. The letters issued by the respondent no.2 dated 30.12.2024 and 29.01.2025 is not in consonance with the Rules, 2019. The respondents ought to have followed the Rules, 2019 in its letter and sprite while granting promotion and the respondents cannot go beyond the purview of the Rules, 2019 and it has to be followed strictly and if any of the 5 provisions of the Rules, 2019 is to be declared ultra vires by the Court then there is proper procedure to delete the such provision by issuance of the Notification in Gazette and without publication in Gazette the State can not allow such amendment. The action on the part of the respondents by calling of the ACRs of only those teachers who are having the B.Ed. degree for promotion on the post of Lecturer in not in consonance with the Rules, 2019 and therefore, same is not sustainable in the eye of law. The respondents cannot be debarred the eligible persons/teachers who have the requisite qualification as per the Rules, 2019 can not be declared ineligible by issuance of the letters which are not in consonance with the aforesaid Rules of 2019. The acts of the respondents are highly illegal and arbitrary and are not in accordance with the aforesaid Rules, 2019. 4. Learned counsel for the respondent opposed the argument advanced by the learned counsel for the petitioner and also submitted that in the light of order passed by the Division Bench of this Court in WPS No.2358 of 2024, the petition is liable to dismissed. 5. I have heard learned counsel for parties and perused the documents available in record. 6. Considering the facts and circumstances of this case and the submission advanced by the learned counsel for the parties and also considering the rival submission made by the State counsel 6 that as per para 40 of order dated 26.07.2024 passed by the Division Bench of this Court in WPS No.2358 of 2024, this case nowhere survives. 7. It would be appropriate to quote the order passed in WPS No.2358 of 2024. The relevant paras 38, 39 and 40 is reproduced herein below : “38. The coordinate bench of this Court has reiterated that the B.Ed is the qualification required for high/higher secondary schools teachers and the D.Ed/D.El.Ed. is qualification required for primary/elementary schools' teachers and the B.Ed degree is an essential qualification for the post of Lecturer, as has been held in Bhuvneshwar Sahu versus Union of India (WPS No. 3541 of 2023 and other batch of petitions vide order dated 02.04.2024 39. The law in this regard as to whether B.Ed would remain the essential qualification for appointment of teachers in primary level school remain no longer res integra after the judgement passed by Hon'ble Supreme Court in Devesh Sharma (supra). Course of D.El.Ed or D.Ed has been designed and structured to impart skills in a teacher, who is to teach primary level of students. To maintain the quality in primary education pedagogical skills, the teacher must be given a very high priority. 40 In view of the above discussions, the impugned provisions of the column 3 of serial No. 14 of the schedule-IV enacted under the rules 14 and 15 of the Chhattisgarh School Education Service (Educational and Administrative cadre) Recruitment and Promotion Rules, 2019 has been declared as unconstitutional and ultra vires and as such it is held that the candidates, who possessed the B.Ed degree are eligible for promotion to the post of Lecturer from the post of Teacher/Headmaster, primary school (trained 7 post graduate) as per the Regulations 2014 framed by NCTC.” 8. Consequently, the prayer made by the petitioners to declare the letter dated 30.12.2024 (Annexure P/1) and letter dated 29.01.2025 (Annexure P/2) issued by State can not be quashed, as such no relief can be granted to the petitioners. 9. Accordingly, this petition is liable to be dismissed and hereby dismissed. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi