1 CGHC010329912026 2026:CGHC:38460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6373 of 2026 Sourabh Nishad S/o Shri Mannu Ram Nishad Aged About 32 Years R/o Gram Sureli, Tehsil Kanker, District Kanker Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Govt. Of Chhattisgarh Department Of School Education, Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar, District Raipur Chhattisgarh 2. Director Directorate Of Public Instruction, Chhattisgarh, Indravati Bhawan, Nava Raipur Atal Nagar, District Raipur Chhattisgarh 3. Chhattisgarh Staff Selection Board Through Its Chairman/ Controller, North Block, Sector 19, Atal Nagar, Nava Raipur Chhattisgarh ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. Tanuj Patwardhan, Advocate For Respondent/ State : Mr. Y.S. Thakur, Addl. A.G. along with Ms. Apurva Nigam, P.L. For Respondent No. 3 : Mr. Anadi Sharma on behalf of Dr. Saurabh Kumar Pande, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 31.08.2026 1. The present writ petition has been filed for the following reliefs:- 10.1 This Hon’ble Court may kindly be pleased to call the record of the care in hand from the respondent(s). 10.2 The Hon'ble Court may kindly be pleased to direct the JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.09.02 10:51:20 +0530 2 Respondents to permit the Petitioner to submit his online application for the post of Teacher (Agriculture) pursuant to the ongoing 2026 recruitment and to accept and process the provisionally Petitioner's application notwithstanding that the formal B.Ed. degree has not yet been awarded to him: 10.3 This Hon'ble Court may kindly be pleased further to direct the Respondents to issue the requisite admit card to the Applicant and permit him to appear in the written recruitment examination scheduled for 25.10.2026 and Direct the Respondents to permit the Petitioner to participate in the written recruitment examination scheduled pursuant to the 2026 recruitment process. provisionally and subject to final verification of his B.Ed. Qualification; 10.4 This Hon'ble Court may kindly be pleased to direct the Respondents that in the event the recruitment process is concluded before the Petitioner is able to obtain the formal B.Ed. degree, the Petitioner be afforded a reasonable period to complete the B.Ed. course and to produce the requisite degree/provisional certificate before the competent authority. 10.5 This Hon'ble Court may kindly be pleased further to direct the Respondents upon such completion and due verification of the Petitioner's B.Ed. qualification, the Petitioner's candidature be permitted to continue and be appoint to the post of Teacher (Agriculture), subject to his 3 securing the requisite merit and otherwise fulfilling all applicable eligibility conditions: 10.6 Any other relief(s)/order(s)/direction(s) in favor of the Petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of Justice. 2. Learned counsel for the petitioner submits that the petitioner is a B.SC (Agriculture) graduate and is presently pursuing B.Ed degree and seeks permission to participate provisionally in the recruitment process for Teacher (Agriculture). 3. Learned counsel for the State submits that the issue involved in this writ petition has already been considered and decided by this Court vide judgment dated 20.08.2026 passed in WPS No. 6260 of 2026 (Vishnu Ditya & Ors. vs. State of Chhattisgarh), wherein this Court has held as under:- “6. It is not the case of the petitioners that the requirement of B.Ed. qualification prescribed for the post is itself illegal or that the State Government lacks the authority to prescribe such qualification. Their grievance is confined to seeking a one-time transitional relaxation on the ground that they were eligible under the earlier regime and could not acquire the B.Ed. qualification within the short period preceding the present recruitment process. 7. However, once the earlier exemption from the prescribed qualification has been declared 4 unconstitutional and the State Government has been directed to prescribe B.Ed. qualification in accordance with the NCTE Regulations, 2014, the petitioners cannot claim a right to participate in the recruitment process without possessing the qualification prescribed under the prevailing Rules. Granting such relaxation by judicial order would, in effect, amount to creating an exception to the qualification which has been prescribed pursuant to the aforesaid order of the Division Bench. 8. It is the well settled proposition of law that fixing eligibility criteria, minimum qualifications, and service rules belongs strictly to the rule-making authority or the State Government and the Courts cannot substitute their own views or waive mandatory job criteria to accommodate individual candidates. Writ jurisdiction under Article 226 only examines if the decision-making process is arbitrary, mala fide, or unconstitutional, rather than relaxing standard qualifications. 9. In view of the aforesaid legal position and considering the binding nature of the decision rendered by the Division Bench of this Court in Ashokanand Patel (Supra), this Court is not inclined to grant the one-time transitional relaxation sought by the petitioners. 10. Accordingly, the writ petition sans merit, deserves to be and is hereby dismissed at the motion stage itself.” 4. Learned State counsel further submits that since the facts and issue involved in the present case is identical to that of WPS No. 5 6260 of 2026, this petition may also be dismissed in the same terms. 5. Having considered the rival submissions made by learned counsel for the parties and having gone through the materials available on record, it is evident that the facts and issue involved in this petition is identical to WPS No. 6260 of 2026 this Court deems it appropriate not to take a view other than what has been taken in the aforesaid writ petition. 6. Accordingly, the present petition is dismissed in terms of the order dated 20.08.2026 passed in WPS No. 6260 of 2026. Sd/- (Bibhu Datta Guru) JUDGE Jyoti