1 2026:CGHC:27223 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8337 of 2022 Vijay Kumar Bhagat S/o Mangal Ram Aged About 36 Years R/o Nichepara, Jamargi B. Jashpur, District Jashpur Chhattisgarh ... Petitioner versus 1- State of Chhattisgarh Through The Secretary School Education Department Ministry, Mahanadi Bhawan, Po And P S Rakhi, Nawa Raipur, District Raipur Chhattisgarh. 2- Director Directorate Of Public Instruction Raipur, District Raipur Chhattisgarh. 3 - District Education Officer Raipur District Raipur Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Ishan Verma, Advocate For Respondent(s)/State : Mr. Anmol Sharma, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 02/07/2026 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 Hon'ble Court may kindly be quash the impugned order dated 28.05.2022 (Annexure-P/1) issued by the respondent District Education Officer, District Raipur. 10.2 Hon'ble Court may kindly be direct to respondent authority to consider the candidature of petitioner for Digitally signed by NADIM MOHLE 2 appointment on the post of Assistant Teacher (Science) (E- Cadre) with all the consequential benefit vis-à-vis as per the condition prescribed by the NCTE, SCERT & Rules, 2010. 10.3 grant any other writ/ writs, order/ orders, relief/ reliefs in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioners.” 2. The present petition has been preferred by the petitioner challenging the impugned order dated 28.05.2022 (Annexure-P/1), whereby the candidature of the petitioner for appointment to the post of Assistant Teacher through direct recruitment has been rejected on the ground that the petitioner secured less than 50% marks in the Higher Secondary Examination or Graduation, as the case may be. 3. Learned counsel appearing for the petitioner would submit that the petitioner passed the Bachelor of Science (for short, B.Sc.) examination in the year 2009 and thereafter obtained the Bachelor of Education (for short, B.Ed.) degree in the year 2014. He would further submit that an advertisement for recruitment to the post of Assistant Teacher was issued by the respondent authorities on 09.03.2019. He would also submit that the petitioner qualified the Teacher Eligibility Test ( for short, TET) on 14.06.2019, but vide impugned order dated 28.05.2022, the respondent-District Education Officer declared the petitioner ineligible for appointment on the aforesaid ground. 4. Learned counsel would contend that identical issue has already been considered by the Hon'ble Division Bench vide judgment dated 10.02.2023 passed in WA No.501 of 2022 and other connected matters. He would further contend that though Special Leave Petition (Civil) No.1278 of 2024 was preferred against the judgment of the Hon’ble Division Bench, but the same was subsequently withdrawn; thus, the 3 judgment rendered by the Hon'ble Division Bench in WA No.501 of 2022 has attained finality. He would pray to quash the order impugned. 5. On the other hand, learned State counsel opposes the submissions advanced on behalf of the petitioner and supports the impugned order. 4. Heard learned counsel for the parties and perused the documents. 5. The Hon'ble Division Bench, while deciding WA No.501 of 2022 and other connected matters, has observed as under in paragraph 51:- “51. In view of the above discussion, the order of the learned Single Judge is set aside. The writ appeals are allowed holding that the SC/ST/OBC candidates are entitled to 5% relaxation in their academic qualifications and such of the writ petitioners who would consequently fulfil the minimum qualification shall be entitled to be appointed pursuant to the advertisement dated 09.03.2019.” 6. In the above quoted judgment, the Hon'ble Division Bench has categorically held that candidates belonging to the SC/ST/OBC categories are entitled to a relaxation of 5% in the minimum academic qualification prescribed for appointment. Consequently, those candidates who satisfy the eligibility criteria after availing such relaxation are entitled to be considered for appointment pursuant to the advertisement dated 09.03.2019. 7. Taking into consideration the above discussed facts and judgment rendered by the Hon'ble Division Bench, the impugned order dated 28.05.2022 (Annexure-P/1), insofar as it relates to the petitioner, cannot be sustained. Accordingly, the impugned order dated 28.05.2022 (Annexure-P/1) is hereby quashed. 8. The respondent authorities are directed to reconsider the candidature of the petitioner for appointment to the post of Assistant Teacher, strictly in the light of the law laid down by the Hon'ble Division Bench in WA No.501 of 2022 and other connected matters. 4 9. With the aforesaid observation(s) and direction(s), the writ petition stands disposed of. No order as to costs. Sd/- Rakesh Mohan Pandey JUDGE Nadim