1 2026:CGHC:4759 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8150 of 2022 1 - Parmeshwari Sahu D/o Mohan Lal Sahu Aged About 40 Years R/o Adarsh Nagar, Kawardha, District Kabirdham, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Director Directorate, Public Instructions, Indravati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3 - Collector-Cum-President Swami Atmanand Utkrisht English Medium School, Sanchalan Evam Prabandhan Samiti, Durg, In Front Of Zila Panchayat, G.E. Road, Durg, District Durg, Chhattisgarh 4 - District Education Officer Durg, District Durg, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. C. J. K. Rao, Advocate For Respondent(s) : Mr. Abhyuday Tripathi, P. L. (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board 28/01/2026 1. Following relief has been claimed in this writ petition:- 10.1 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to prepared the merit list/eligibility list on the basis of the marks of minimum qualification. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the petitioner for the post of Physical Teacher (English Medium). 2 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate. 2. Learned counsel for the petitioner submits that an advertisement dated 22.07.2022 was published by the respondent No.3, inviting applications for various posts, including that of Physical Teacher in Swami Atmanand Excellence English Medium School, District Durg. As per the terms of the advertisement, the marks would be considered that 70% marks for minimum educational qualification, 5 marks for experience, 15 marks for teaching skills and 10 marks for the interview and on that basis merit list would be prepared. He further submits that the prescribed minimum qualification for appointment to the post of Physical Teacher is Higher Secondary pass along with D.P. Ed. or B. P. Ed. with graduation. He further submits that the respondents were supposed to adhere to the procedure prescribed for granting the marks as per minimum qualification as prescribed in the advertisement, however a provisional merit list was prepared in which the methodology given in the advertisement has been given a go-by and the marks obtained in B. P. Ed. / D. P. Ed. were not taken into consideration; instead, only the marks obtained in Higher Secondary examination and graduation were taken into consideration. Thus, this writ petition was filed seeking for the above stated relief. He further submits that similar advertisements were issued in different districts and the marks obtained in B. P. Ed/ D. P. Ed have been considered. 3. Learned counsel for the respondents submits that the preparation of the provisional merit list (Annexure P-2) is strictly adheres to the procedure prescribed in the advertisement. He further submits that the writ petition is premature at this stage. As only a provisional list for the post of Physical Teacher has been prepared, the petitioner has all the rights to challenge the legality of the merit list so prepared. If the petitioner make any objection regarding the provisional merit list so prepared, that would be dealt with and decided in an objective manner. 4. Heard learned counsel for the parties and perused the record. 3 5. This Court, vide order dated 01.12.2022 directed that the selection process may proceed, however, no appointment orders were to be issued until the next date of hearing. This interim order is still in force. At this stage, this Court is inclined to dispose of the writ petition by permitting the petitioner to make objections/ representation against the provisional merit list prepared for the post of physical teacher to the concerned respondents within a period of 30 days from the date of receipt of a copy of this order. Upon receipt of such objections/ representation, the concerned respondents shall take a reasoned decision on such objections/ representation in an objective manner, duly considering the recruitment procedure prescribed in the advertisement dated 22.07.2022 (Annexure P-1) and similar advertisements issued in other Districts. The decision on such objections/ representation shall be taken by the concerned respondents within a period of 45 days from the date of its presentation. Until such a decision is taken by the respondents, the interim order dated 01.12.2022 shall remain in operation. 6. With these observations and directions, this writ petition is disposed of. Sd/- (Sachin Singh Rajput) JUDGE Parul PARUL MITTAL Digitally signed by PARUL MITTAL Date: 2026.02.03 10:52:51 +0530