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2026 DAILYLAW 35247 (CHH)

RAKESH KUMAR SIDAR v. STATE OF CHHATTISGARH

WPS/6543/2026 · 2026-09-06

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010340482026 2026:CGHC:39185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6543 of 2026 1 - Rakesh Kumar Sidar S/o Chandrika Prasad Sidar Aged About 35 Years R/o Village Chapora, Via-Malkharoda, District Sakti Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Indravati Bhawan, Atal Nagar, Nava Raipur District Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction, Atal Nagar, Nava Raipur District Raipur Chhattisgarh ... Respondents (Cause title taken from CIS) For Petitioner : Shri K.P.S. Gandhi, Advocate For Respondents : Shri Y.S. Thakur, Addl.A.G. with Ms. Apurva Nigam, Panel Lawyer Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 07.09.2026 1. By the present writ petition, the petitioner has prayed for following relief:- “1. Direct the respondents to consider and decide the petitioner's representation dated 15.08.2026 by passing a reasoned and speaking order within a time-bound period. 2 2. Direct the respondents to reconsider and suitably amend/clarify the eligibility conditions contained in Advertisement No.ESTB- 101/207/2025/131 dated 28.07.2026, in accordance with the applicable Recruitment Rules, NCTE norms and constitutional provisions. 3. Direct the respondents to ensure proper implementation of the applicable reservation and permissible relaxation provisions for reserved- category candidates in accordance with law. 4. Direct the respondents to make necessary corrections/clarifications in the online application form, particularly regarding subject-wise eligibility, candidates possessing qualifications in more than one subject and TET-related eligibility. 5. Grant any other relief which this Hon'ble Court may deem fit and proper in the interest of justice. 2. Learned counsel for the petitioner submits that the Directorate of Public Instruction, Chhattisgarh, issued Advertisement No. ESTB- 101/207/2025/131 dated 28.07.2026 for recruitment to the post of Teacher/Subject Specialist Teacher in various subjects. Upon examining the advertisement, the petitioner found discrepancies and lack of clarity in the prescribed educational and professional qualifications, subject-wise eligibility conditions, TET requirement, reservation provisions and online application procedure. Learned counsel submits that the advertisement does not adequately reflect the applicable provisions concerning reservation and permissible relaxation for Scheduled Caste/Scheduled Tribe 3 candidates. Learned counsel further submits that the petitioner submitted a detailed representation dated 15.08.2026 before the Secretary, School Education Department, Government of Chhattisgarh, seeking necessary amendment, clarification and correction in the eligibility conditions and online application process, in accordance with the applicable Recruitment Rules and NCTE norms. 3. Learned counsel for the State submits that the petition has been filed on the assumption that the recruiting agency will not comply with the NCTE norms. Learned counsel further submits that any grievance with regard to the implementation of the advertisement or the eligibility conditions can be duly considered by the competent authority in accordance with law and, therefore, no interference by this Court is warranted at this stage, the present petition is premature and has been filed on the basis of a mere apprehension on the part of the petitioner. Learned counsel would submit that in Clause 2 of the advertisement, wherein the prescribed eligibility qualifications have been mentioned, it has been specifically stated that all notifications and the observations made by the Court will be complied with. Hence, the present writ petition is premature and no cause of action has arisen till date. 4. I have heard learned counsel for the parties and perused the document appended with the petition. 5. Considering the submissions made by learned counsel for the 4 parties, the writ petition is disposed of with an observation that, since the advertisement specifically provides that the law laid down by the Court shall be followed and the notification of the N.C.T.E. shall also be complied with, the recruiting agency is bound to ensure strict compliance thereof. As no cause of action has arisen to the petitioner as on date, the present writ petition is premature, hence, disposed of at this stage. However, the petitioner shall have liberty to approach this Court, if the recruiting agency fails to follow the law laid down by the Court and the notification of NCTE, and a cause of action consequently arises. SD/- (Bibhu Datta Guru) Judge Amardeep