Yogeshwari Keshari vs State Of Chhattisgarh
2023 Latest Caselaw 581 Chatt

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                                                                   NAFR

             HIGH COURT of CHHATTISGARH, BILASPUR
                           WPS No. 3873 of 2020
                                       Judgment Reserved on 06.01.2023

                                       Judgment Delivered on 30.01.2023

•   Bhagwat Prasad Soni S/o Shri Dev Lal Soni Aged About 49 Years
    R/o Sasapoli, Ward No. 1, Tilda, Police Station Neora, District Raipur
    Chhattisgarh., District : Raipur, Chhattisgarh
                                                          ------Petitioner

                                  VERSUS
1. State of Chhattisgarh, through the Secretary, School Education
   Department, Mahanadi Bhawan, Atal Nagar, District Raipur
   Chhattisgarh.
2. Director State Council of Educational Research and Training
   Chhattisgarh, Shankar Nagar, Raipur, District Raipur Chhattisgarh.
3. Block Education Officer Raipur, District Raipur Chhattisgarh.
4. Principal Government College For Teachers Education, Shankar
   Nagar, (CTE) Raipur, District Raipur Chhattisgarh.
5. Shweta Khare D/o Himanshu Khare Posted At Government Higher
   Secondary School, Gadbeda, Development Block Pithora, District
   Mahasamund Chhattisgarh.
6. Anil Kumar Nirmalkar S/o Baliram Nirmalkar Posted At R.R.V.
   Governmet Middle School, Neora, Development Block No. 1, Tilda
   District Raipur Chhattisgarh.
7. Purshottam Lal Dilliwar S/o Lok Nath Dilliwar Posted At Government
   High School, Temri, Development Block Dhamdha, District Durg
   Chhattisgarh.
8. Neeta Sahu D/o Vishwanath Sahu Posted At Government Higher
   Secondary School, Bidhidih, Development Block Pithora, District
   Mahasamund Chhattisgarh.
9. Harish Kumar Gajendra S/o Shankarlal Gajendra Posted At
   Government Middle School, Khirkhitola, Development Block
   Dhamtari District Dhamtari Chhattisgarh.
10. Uday Kumar Verma S/o Shyam Ratan Verma Posted At Government
    Higher Secondary School, Barhapur, Development Block Dhamdha,
    District Durg Chhattisgarh.
11. Gopilal Baghel S/o Ujitram Baghel Posted At Government Higher
    Secondary School, Kumari, Development Block Dhamdha, District
    Durg Chhattisgarh.
12. Saket Katlam S/o Late Ramji Katlam Posted At Government Higher
    Secondary School, Kesarpal, Development Block And District Bastar
    Chhattisgarh.
13. Tameshwar Jangde S/o Bulakidas Jangde Posted At Government
    Higher School, Torla, Development Block Abhanpur, District Raipur
    Chhattisgarh.
14. Jyoti Taram D/o Kishanlal Taram Posted At Government Girls Higher
    Secondary School, Kuakonda, Development Block Kuakonda,
    District Dantewada Chhattisgarh.
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15. Eti Pradhan D/o Sudhir Pradhan Posted At Government Higher
    Secondary School, Kishanpur Development Block Pithora, District
    Mahasamund Chhattisgarh.
16. Bhavna Ravi Singh W/o Ravi Singh Rajput Posted At Government
    Primary School, Odiyakhurd, Development Block Sahaspur, Lohara
    District Kawardha Chhattisgarh.
17. Maheshar Sinha S/o Rikhiram Sinha Posted At Government Higher
    Secondary School, Budeli, Development Block Naharpur District
    Kanker Chhattisgarh.
18. Omin Kurre S/o Late Lalit Kumar Kurre Posted At Government
    Higher Secondary School, Thuha, Development Block Kurud, District
    Dhamtari Chhattisgarh.
19. Rekha Sahu D/o Lakhendra Kumar Sahu Posted At Government
    Higher Secondary School, Gujra, Development Block Patan, District
    Durg Chhattisgarh.
20. Kharun Prasad Grihitlehre S/o Samaru Ram Posted At Government
    New Primary School, Bhatapara Rewa, Development Block Arang,
    District Raipur Chhattisgarh.
21. Rajeshwari Patel D/o Bhikham Patel Posted At Government Girls
    Higher Secondary School Kanchari, Development Block Khairagarh,
    District Rajnandgaon Chhattisgarh.
22. Anand Kumar Pandey S/o Late Dindayal Pandey Posted At
    Government Primary School, Sagni, Development Block Dhamdha,
    District Durg Chhattisgarh.
23. Dharmendra Kumar Sharavan S/o Shri Amit Ram Sharavan Posted
    At Government Higher Secondary School, Khallari, Development
    Block Dodli, District Balod Chhattisgarh.
24. Homlal Dewangan S/o Ramgulam Dewangan Posted At Government
    Higher Secondary School, Gudguda, Development Block Kurud,
    District Dhamtari Chhattisgarh.
25. Triveni Chaturvedi D/o Mahattru Chaturvedi Posted At Government
    Higher Secondary School, Kura, Development Block And District
    Bemetara Chhattisgarh.
26. Ramkumari Dewan D/o Chatursingh Dewan Posted At Government
    High School Chindaula, Development Block And Distrct Gariyaband
    Chhattisgarh.
27. Yewashwari Kesri D/o Balkirshna Kesri Posted At Government
    Adarsh Girls Higher Secondary School, Kawardha, Development
    Block And District Kawardha Chhattisgarh.
28. Nohar Lal Grihitlehre S/o Ram Kumar Grihitlehre Posted At
    Government Higher Secondary School, Khairjhitih, Purana,
    Development Block Pandariya, District Kawardha Chhattisgarh.
29. Siyamram Sahu S/o Premlal Sahu Posted At G.M.S. Kugda, Chura,
    District Gariyaband Chhattisgarh.
30. Seema Sharma D/o Dr. Maneesh Sharma Posted At Government
    Higher Secondary School, Kukrel, Development Block Nagri, District
    Dhamtari Chhattisgarh.
31. Geeta Khute D/o Ramgopal Khute Posted At Government Primary
    School, Bonda, Saraipali, District Mahasamund Chhattisgarh.
32. Doodhnath Sahu S/o Kashiram Sahu Posted At Government Primary
    School, Vanjamguda, Development Block Konta, District Sukma
    Chhattisgarh.
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33. Dr. Gopa Sharma S/o Shri Anurag Sharma Posted At Government
    Middle School Pandit Ravi Shukla University, Raipur, Development
    Block Dharsewa, District Raipur Chhattisgarh.
34. Chandrakali Bhartiya D/o Ralesh Kumar Bhartiya Posted At
    Government Higher Secondary School, Khapradih, Development
    Block Simga, District Balodabazar Bhatapara Chhattisgarh.
35. Anita Thakur D/o Ishwarlal Thakur Posted At Government Primary
    School, Palaud, Development Block Arang, District Raipur
    Chhattisgarh.
36. Ghanshyam Dewangan S/o Tirathram Dewangan Posted At
    Government Higher Secondary School, Sambalpur, Development
    Block Navagarh, District Bemetara Chhattisgarh.
37. Chandrakant Belgahe S/o Gannuram Belgahe Posted At
    Government Middle School, Nadi, Charauda, Development, Block
    Pithora, District Mahasamund Chhattisgarh.
38. Ramesh Kumar Bhuarya S/o Chaitram Bhuarya Posted At
    Government Primary School, Bhimpuri, Development Block Mohla,
    District Rajnandgaon Chhattisgarh., District : Rajnandgaon,
    Chhattisgarh
39. Smirit Dubey D/o Virendra Kumar Dubey Posted At Government
    Higher Secondary School, Amleshwar, Development Block Patan,
    District Durg Chhattisgarh.
40. Sujata Pandey S/o Vyas Narayan Pandey Posted At Government
    Primary School, Chorbhatti, Development Block And District
    Bemetara Chhattisgarh.
41. Khooblal S/o Tularam Posted At Government Higher Secondary
    School, Bagatrai, Development Block And District Dhamtari
    Chhattisgarh.
42. Kirti Sahu D/o Kunwar Singh Posted At Kanya Ashram Government
    Madka Miras, Development Block Kuaonkonda, District Dantewada
    Chhattisgarh.
43. Radhika Soni D/o Tirat Ram Soni Posted At Government Higher
    Secondary School, Buchatola, Development Block Churiya, District
    Rajnandgaon Chhattisgarh.
44. Gausiya Nasreen D/o Mahoammad Baseed Posted At Government
    Higher Secondary School, Damakheda, Development, Block Simga,
    District Balodabazar Bhatapara Chhattisgarh.
45. Laxmi Prasad Shayam S/o Jawahar Singh Shyam Posted At
    Government Higher Secondary School Batar, Development Block
    And District Bemetara Chhattisgarh.
46. Rakesh Kumar Rajak S/o Banwariram Posted At Government Higher
    Secondary School, Navagaon, Development Block Kurud District
    Dhamtari Chhattisgarh.
47. Vapustama Chouhan D/o Chandrapal Singh Chandel Posted At
    Government Higher Secondary School, Rohansi, Development Block
    Palari, District Balodabazar Bhatapara Chhattisgarh.
48. Ravi Kumar Pandey S/o Hemlal Pandey Posted At Government
    Higher Secondary School, Rengakatera, Development Block Chowki
    District Rajnandgaon Chhattisgarh.
                                                -------Respondents

WITH

WPS No. 4031 of 2022

1. Yogeshwari Keshari D/o Balkrishna Keshari, Aged About 30 Years Presently Working As Assistant Teacher (L.B.) Govt. Higher Secondary School, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh

2. Bhawana Ravi Singh, W/o Ravi Singh Rajput, Aged About 33 Years Presently Working As Assistant Teacher (L.B.) Govt. Primary School, Odiya Khurd, Block S.Lohara, District : Kawardha (Kabirdham), Chhattisgarh

3. Vapustama Chauhan, W/o Chandrapal Singh Chandel, Aged About 36 Years Presently Working As Lecturer (L.B.), Govt. Higher Secondary School, Rohagi, Block Palari, District : Balodabazar- Bhathapara, Chhattisgarh

4. Rajeshwari Patel, W/o Bhikam Patel, Aged About 34 Years Presently Working As Assistant Teacher (L.B.), Govt. Girls Higher Secondary School, Kanchari, Block Khairagarh, District : Rajnandgaon, Chhattisgarh

------Petitioners

VERSUS

1. State of Chhattisgarh, through the Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh

2. Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh

3. Principal, Govt. College of Teacher Education (CTE), Shankar Nagar, Raipur, District : Raipur, Chhattisgarh

------Respondents (cause title is taken from Case Information System)

WPS No. 3873 of 2020 For Petitioner : Ms. Aditi Singhvi, Advocate For Respondent-State : Mr. Amrito Das, Addl. Adv. General For other Respective Respondents : Mr. Ajay Shrivastava, Advocate;

Mr. C.J.K. Rao, Advocate; and Mr. Vinod Deshmukh, Adv. with Mr. Shashi K. Kushwaha, Advocate WPS No. 4031 of 2022 For Petitioners : Mr. C.J.K. Rao, Advocate For Respondent-State : Mr. Amrito Das, Addl. Adv. General

Single Bench: Hon'ble Shri Parth Prateem Sahu, Judge C.A.V. ORDER

1. Petitioner has filed this writ petition with following reliefs.

"10.1 That, this Hon'ble Court may kindly be pleased to quash the impugned 15.09.2020 and order dated 05.08.2020 (Annexure P/01) issued

by the respondent authority and direct the SCERT to conduct the examination as per the advertisement dated 21.05.2020.

10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief, which it deems fit and proper."

2. Petitioner is a Lecturer (LB), Maths and on the date of filing of this

petition was posted as Principal, Government Higher Secondary

School, Tandwa (Baikunth), Tilda, Dist. Raipur, C.G. Respondent No.

2/ Director,State Council of Educational Research and Training,

Chhattisgarh, Raipur, issued an advertisement on 21.05.2020 for

selection of the interested teachers as departmental candidates for

admission in M.Ed., two-year course for academic session 2020-22.

Petitioner and private respondents submitted their application forms.

According to Clause 10 of advertisement/admission rules, selection

is based on written examination which was to be held on 05.08.2020.

Respondent No. 2 issued a letter on 05.08.2020 to the Principal of

Government Teachers Education College, Raipur and Principal of

Upgraded Educational Institution, Bilaspur, mentioning that on

account of Covid-19 pandemic situation written examination for

admission in M.Ed. (Departmental) 2020-21 would not be conducted

and has specified and prescribed the selection procedure based on

marks obtained in B.Ed. and D.El.Ed/ qualifying exam. On the basis

of the notification published, provisional select list was published

calling objection and thereafter final select list was issued on

15.09.2020 (Annexure P-1). Petitioner aggrieved with the change of

norms and procedure for selection of departmental candidates for

admission in M.Ed. Course in college at Raipur, has filed this writ

petition.

3. Ms. Aditi Singhvi, learned counsel for petitioner would submit that in

the advertisement published for admission in M.Ed. Course, mode of

selection is merit, based on the marks obtained in the written

examination to be conducted by Respondent No. 2. Amidst the

proceedings of selection, Respondents No. 1 & 2 changed the

procedure of selection which is illegal and arbitrary. Once the

advertisement was issued prescribing the mode of selection to be on

merit in the written examination to be conducted by Respondent No.

2, deviation from prescribed mode is not permissible. In support of

her contentions, she referred to Rule 5(1) of the M.Ed. Two-year

Course 2020-22, Admission Rules, filed as Annex. P-2. The reason

stated for is not practicable to conduct examination, cannot be a

ground to change the rule of the game once the game is started.

Admission rules do not provide any discretion to the authority to

change the mode of selection. The advertisement itself was issued

during Covid-19 pandemic period with the specified procedure for

selection and therefore also Respondents No. 1 & 2 erred in

changing the mode of selection.

4. Mr. Amrito Das, learned State counsel would submit that from the

date of advertisement ie., 21.05.2020, it is crystal clear that it was

issued during the period of Covid-19 pandemic and thereafter in the

month of July to September, 2020, it was at its peak. Looking to the

condition in the State and threat of spread of Covid-19, the State

Government, keeping in mind safety and further that the teachers of

the department be trained by providing M.Ed. Course, based on their

merit, interest of the children and not to waste any academic year of

the course has taken a decision that the selection is to be made on

the basis of merit of the marks secured in qualifying exam like B.Ed.,

D.El.Ed. etc. courses. Even after change of mode, selection is on

merit, based on marks obtained in qualifying exam. Looking to the

Covid-19 pandemic situation, date fixed for holding the written

examination was deferred by Respondent No. 2. Respondent No. 1

taking note of the situation of spreading Covid-19 in the State has

taken a decision that, for the purpose of selection of departmental

candidates for M.Ed. Course, the mode of selection will be merit,

based on marks obtained in qualifying exam ie., B.Ed., D.El.Ed. etc.

He submits that providing higher education of M.Ed. course is to

upgrade the teachers who have already obtained B.Ed. or D.El.Ed.

and are already appointed in service of State Government or

Institution under the State Government. The decision was taken

keeping in mind the interest of students and safety of teachers in

compelling circumstances. During the spread of Covid-19 pandemic,

Respondents have not compromised with the selection of teachers,

mode of selection remained merit based. The rule which is framed by

the State Government for selection is under the Rules of National

Council of Education Research and Technology (NCERT). Appendix

5 deals with norms and standards for master education programme,

Clause 4.3 deals with admission procedure. It provides for admission

on the basis of marks obtained in the qualifying examination and in

the entrance examination or any other selection as per the policy of

the State Government/Central Government/ University/ UT

Administration. The procedure followed by the State is not contrary

to the norms prescribed by the NCERT. The decision for not

conducting the written examination and selecting the departmental

candidates based on merit on their marks in qualifying exam is

before holding the written examination and therefore no harm and

loss is caused to petitioner. There is no allegation in the writ petition

that the decision taken is with some mala fide intention and therefore

when the selection is based on the merit itself, the submission of

learned counsel for petitioner that by changing the mode of

considering merit of applicants, entire selection process is vitiated, is

not sustainable.

5. Mr. Ajay Shrivastava, learned counsel for private respondents would

submit that after issuance of the advertisement in the month of May

2020, when Government realized that, situation of Covid-19

pandemic is not likely to come down, took decision on 23.07.2020. It

is the decision taken by the State Government and not by any

authority admitting the candidates in the academic session 2020-21

for D.Ed, B.Ed. and M.Ed., not to conduct written examination and to

give admission based on marks obtained in the qualifying

examination. The order issued by the State Government on

23.07.2020 was the basis for issuance of order dated 05.08.2020 by

Respondent No. 2, order of State Government is not put to challenge

by the petitioner in this writ petition. After submission of reply also the

order of State Government was not put to challenge. He submits that

the petitioner has not submitted objection within time provided in

order dated 05.08.2020, and filed the writ petition when he found

himself to be not selected for M.Ed. Course. He also pointed out that

the notification dated 05.08.2020 which is sought to be quashed is for

both colleges, one at Raipur and another at Bilaspur. Based on the

notification dated 05.08.2020, in college at Bilaspur, departmental

candidates/ teachers were admitted, they are prosecuting their

studies and at present they are in 04 th Semester of the Session. If

the notification dated 05.08.2020 issued by Respondent No. 2 is

quashed as sought by petitioner then they will also be affected. The

persons who are prosecuting their M.Ed. Course at Bilaspur are not

arrayed as party and therefore no relief as prayed for by petitioner in

this writ petition can be granted.

6. Mr. Vinod Deshmukh, learned counsel for some of the private

respondents would submit that petitioner is estopped to challenge the

notification dated 05.08.2020 after accepting notification and waiting

for the publication of list of selected candidates. Petitioner has filed

this writ petition only when he did not find his name in select list.

Once the petitioner decided not to challenge the decision taken by

the State Government of not conducting the selection test for the

academic session 2020-21 for D.Ed., B.Ed., and M.Ed. Course then

he will not be permitted to challenge the same at later stage.

7. Ms. Singhvi, learned counsel for petitioner would submit that

petitioner raised objection on 08.09.2020. She further contended that

if for any reason Respondent No. 1 and 2 found it necessary to

deviate from the mode of selection as mentioned in the

advertisement then the respondents could have done only after

canceling the earlier advertisement and issuing fresh advertisement.

8. Mr. Ajay Shrivastava, learned counsel would further submit that the

mode of selection was notified by the State Government by order

dated 23.07.2020 following which Respondent No. 2 also issued

letter to Principals on 05.08.2020 calling objections till 03.09.2020 but

the petitioner has not raised any objection within the prescribed

period. The provisional select list was prepared on 05.09.2020 on

which objections was called for and only after preparation of the

provisional list, objection was raised, if any, by petitioner on

08.09.2020.

9. I have heard learned counsel for the parties on both sides and also

gone through the record.

10. Grievance raised by petitioner in this writ petition is only that

Respondents No. 1 and 2 have changed the mode of selection than

what is prescribed in the advertisement. To appreciate the

submission of learned counsel for the parties, I find it appropriate to

extract the relevant clause(s) of advertisement/ admission rules

published by Respondent No. 2 for admission in M.Ed. for Academic

Session 2020-22, published Admission Rules, 2020-22. Rule 5(1) &

Rule 9 are extracted below for ready reference:

"5- izos'k gsrq 'krsZ %&

1- Ldwy f'k{kk foHkkx f'k{kd ^bZ^] Ldwy f'k{kk foHkkx f'k{kd ^Vh^] Ldwy f'k{kk foHkkx f'k{kd ^ LB^ laoxZ ,oa iapk;r o uxjh; fudk; laoxZ ds vH;fFkZ;ksa dk p;u vH;Fkh ls lacaf/kr {ks= ds 'kkldh; f'k{kk egkfo|ky; esa ,e- ,M- ikB~;dze ds fy, vk;ksftr p;u ijh{kk ds izkIrkad ds vk/kkj ij rS;kj dh x;h izoh.krk lwph ds vk/kkj ij fd;k tk;sxkA 9- p;u dk vk/kkj lh/kh HkrhZ ds fy, [email protected] Lrj ds f'k{kd izf'k{k.k ikB~;dze ds izkIrkad ,oa foHkkxh; vH;fFkZ;ksa ds fy, ,e- ,M- izos'k gsrq vk;ksftr p;u ijh{kk ds izkIrkad ds vk/kkj ij rS;kj dh xbZ izoh.krk lwph gksxkA foHkkxh; vH;fFkZ;ksa ds izoh.krk lwph esa vad leku gksus dh fLFkfr esa ,oa lh/kh HkrhZ esa vH;fFkZ;ksa ds vgZrk ijh{kk ds izkIrkad leku gksus ds fLFkfr esa vf/kd vk;q ds mEehnokj dks izkFkfedrk nh tk;sxhA"

11. Based on the Admission Rules issued, petitioner and the private

respondents submitted their application forms. In the advertisement

itself date for conducting the selection exam is mentioned as

05.08.2020 under Clause 10. Respondent No. 2 taking note of

outbreak of Covid-19 pandemic in the State of Chhattisgarh issued a

letter mentioning that written examination is deferred. This letter

Annexure P-3 dated 08.07.2020 only mentions of deferring the

prefixed examination on 05.08.2020 assigning reasons of Covid-19.

Spread of Covid-19 during that period was not only in the State but in

the entire country is not in dispute. There was spread of Covid-19

and threat of life. State Government issued order dated 23.07.2020

(Annexure R-16/1) not to conduct the entrance examination for

D.Ed., B.Ed. and M.Ed. course, and the admissions will be on the

basis of marks obtained in the qualifying examination. Order is

extracted below:

छत्तीसगढ़ शासन स्कूल शिक्षा विभाग, मंत्रालय, महानदी भवन, अटल नगर नवा रायपुर // आदेश //

रायपुर, दिनांक 23/07/2020

क्रमांक आर. नं. 741/2020/20-3 :: राज्य शासन द्वारा यह आदेशित किया जाता है कि शिक्षा सत्र 2020-21 के लिए डी. एड., बी. एड. एवं एम.एड. की प्रवेश परीक्षाएं नहीं ली जाएगी | इन पाठ्यक्रमों में शिक्षा सत्र 2020-21 के लिए प्रवेश अर्हकारी परीक्षाओ में प्राप्त अंको के आधार पर दिया जायेगा, जिसके लिए विस्तृत निर्देश संचालक, राज्य शैक्षिक अनुसन्धान और प्रशिक्षण परिषद्, शंकर नगर, रायपुर द्वारा जारी किये जायेगे |

छ.ग. के राज्यपाल के नाम से तथा आदेशानुसार सही/-

(ए. आर. खान) अवर सचिव छत्तीसगढ़ शासन, स्कूल शिक्षा विभाग रायपुर, दिनांक 23/07/2020

12. Based on the order of State Government, Respondent No. 2 has

issued a letter on 05.08.2020 mentioning the modality for admission

of departmental candidates who have already filled up their forms

based on advertisement.

13. During the course of arguments, when the query was put to learned

counsel for petitioner that whether Respondents No. 1 and 2 could

have admitted the departmental candidates based on the marks

secured in qualifying examination, she submitted that Respondents

No. 1 and 2 could have selected but by issuing fresh advertisement

canceling the earlier advertisement. In view of the above discussion,

it is to be looked into whether under the Rules or procedure the State

Government could have taken decision not to conduct exam in the

present facts of the case. The NCERT's rules prescribed for norms

and standards under Appendix 5 for masters of education degree.

Rule 4.2 prescribes for Eligibility and Rule 4.3 provides for Admission

Procedure, both the rules are extracted below for ready reference:

"4.2 Eligibility

(a) Candidates seeking admission to the M.Ed. Programme should have obtained at least 50% marks or an equivalent grade in the following programmes:

(i) B.Ed.

(ii) B.A.B.Ed., B.Sc.B.Ed.

(iii) B.El.Ed.

                   (iv) D.El.Ed. with an undergraduate
                         degree (with 50% marks in each)
             (b)   Reservation     and    relaxation    for
             SC/ST/OBC/PWD       and   other     applicable
             categories shall be as per the rules of the
             Central     Government/State      Government
             whichever is applicable.

             4.3    Admission Procedure

             Admission shall be made on merit on the basis
             of   marks    obtained    in   the    qualifying
             examination and in the entrance examination

or any other selection process as per the policy or the State Government/Central Government/ University/UT Administration."

14. So the eligibility to get admission in the M.Ed. course is candidate

having obtained B.Ed., B.A.B.Ed., B.Sc.B.Ed., B.El.Ed., D.El.Ed. with

an undergraduate degree with at least 50% marks. The

aforementioned degree/ diplomas are qualifying examination for

admission in M.Ed. program. The admission procedure prescribes for

admission shall be made on merit on the basis of marks obtained in

the qualifying examination and in the entrance examination or any

other selection process as per the policy of the State Government/

Central Government/ University or UT Administration. The admission

procedure under NCERT rules provides for admission to be on the

basis of merit and fixing of merit is also prescribed with an alternate

of any other selection process. Direction is also given to the

respective Government or University or Union Territory of any other

selection process.

15. What is important in the admission procedure prescribed under

Clause 4.3 is selection to be made on merit. Here it is a case where

advertisement was issued for selecting the candidates on the basis

of merit in the entrance/ selection examination but due to

unavoidable circumstances ie. spread of Covid-19 pandemic and life

threat, Respondent No. 2 first found it proper to defer the

examination which was prefixed, mentioning the reason of Covid-19

pandemic. The State Government took decision, not to hold the

entrance examination but merit is to be considered on the marks

obtained in qualifying examination. There is no pleading in the writ

petition of any mala fide against any of the authority or officer.

16. In the aforementioned facts of the case in which the decision was

taken by Respondents No. 1 and 2 to change the mode of asserting

merit of candidates for admission ie., merit in qualifying exam in the

opinion of this Court cannot be said to be arbitrary or illegal because

the Rules of NCERT provide for merit on the basis of qualifying

examination and the entrance examination or any other selection

process. For direct selection candidates, merit is to be ascertain from

qualifying exam. In normal circumstances or in ordinary situation, the

decision of Respondents No. 1 and 2 for not holding the examination

could have viewed differently but in the peculiar facts of the case

looking to the Covid-19 pandemic situation and that too at that period

of time all the persons are under threat of infection of Covid-19, and

the decision is taken by the State Government, keeping in mind the

safety, in the opinion of this Court changing the mode of considering

merit of candidate cannot be said to be arbitrary or illegal. Moreso

when, petitioner participated as departmental candidate and is

aggrieved by the selection of departmental candidates. Her marks

obtained in qualifying exam was also considered. It is not the case

that by change of mode of merit required qualification is reduced or

enhanced. Petitioner is already holding the post of teacher. It is not a

case that the mode of selection or consideration of merit is changed

after holding entrance examination but immediately after receiving

application and taking note of the situation of spread of Covid-19

pandemic, decision was taken, not to hold written examination and

merit list is to be prepared on the basis of marks obtained in the

qualifying exam. The select list published is on the basis of merit,

and the merit is considered on the basis of the marks which

candidates obtained in their qualifying exam. This mode of

ascertaining merit cannot be said is for giving undue benefit to

anyone in the afore-discussed facts.

17. In view of the aforementioned facts of the case, as also Rules 4.2 &

4.3 of the NCERT, the select list is published and the teachers who

are selected have been relieved on study leave to pursue the M.Ed.

Course in college at Raipur and Bilaspur based on some notification

of Respondents No. 1 and 2. The teachers selected for college at

Bilaspur are at the stage of completion of their M.Ed. Course. They

are not party to the writ petition. For the foregoing discussion, I do

not find any merit in this writ petition, it is accordingly dismissed.

18. The private respondents are selected departmental candidates. Their

course could not be started due to the interim order passed by this

Court. Private respondents cannot be put to disadvantage situation

leaving them to suffer without their any fault. They are held entitle to

continue with the course.

19. Sofar as, the writ petition filed by Yogeshwari Keshari (WPS No.

4031/2022) is concerned, in this petition challenge is to the

advertisement dated 27.05.2022 (subsequent). During the course of

arguments, learned State counsel submitted that selection is to be

done from the candidates participated in either of the advertisement.

In proceeding of subsequent advertisement, due to stay, final

selection was not done. As this Court held the selection process

pursuant to advertisement dated 21.05.2020 not to be arbitrary and

illegal. The petitioner in WPS No. 4031/2022 is Respondent No. 27 in

WPS No. 3873/2020 and is a selected candidate; accordingly, WPS

No. 4031/2022 is dismissed.

20. Accordingly, both the writ petitions being sans merit are liable to be

and are hereby dismissed. No cost.

Sd/-

(Parth Prateem Sahu) Judge

/P ā w ā n