Chattisgarh High Court
Ku. Pooja Sahu vs Chhattisgarh Vyavasayik Pariksha ... on 24 April, 2025
1
2025:CGHC:18631
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 2026 of 2025
1 - Ku. Pooja Sahu D/o Shri Tibhu Ram Sahu Aged About 28 Years R/o Rajeev
Gandhi Nagar, Bhajandipa, Ward No.-36, Raigarh, Distt. - Raigarh (C.G.)
... Petitioner(s)
versus
1 - Chhattisgarh Vyavasayik Pariksha Mandal (Cgvyapam) Through - Controller,
Vyapam Bhawan, North Block, Sector-19, Atal Nagar, Nawa Raipur, District - Raipur
(C.G.)
2 - Exam Controller Chhattisgarh Vyawasayik Pariksha Mandal (Cgvyapam),
Vyapam Bhawan, North Block, Sector-19, Atal Nagar, Nawa Raipur, District - Raipur
(C.G.)
... Respondent(s)
(Cause-title is taken from Case Information System)
For Petitioner : Mr. Keshav Dewangan, Advocate
For Respondents : Mr. Avinash Singh, Advocate
SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
24/04/2025
1. The petitioner has filed this writ petition seeking following relief:-
"10.1 That, this Hon'ble Court may kindly be
pleased to issue necessary directions to the
respondent authorities to consider the claim of
the petitioner.
10.2 That, this Hon'ble Court may kindly be
pleased to issue direction to the respondent
Digitally authorities to correct the caste status OBC
signed
by
SHAYNA Creamy Layer to OBC Non-Creamy Layer and
KADRI
after correction to issue the certificate of
Teacher Eligibility Test (TET) in favour of the
petitioner.
10.3 That, any appropriate writ, direction or
order may also kindly be passed in rfavour of
the petitioner, which this Hon'ble Court deems
fit in the circumstances of the case."
2. Learned counsel for the petitioner submits that the petitioner made an
application to appear in the Teacher Eligibility Test conducted by the
respondents for the year 2024. While filling the online form, the petitioner
inadvertently in category (Caste) mentioned as OBC (Creamy Layer). He
submits that the mistake was inadvertent, in fact the petitioner belongs to
OBC (Non Creamy Layer) therefore, he submits that the respondents may be
directed to consider the case of the petitioner and the category of the
petitioner may be changed from OBC (Creamy Layer) to OBC (Non Creamy
Layer).
3. Learned counsel for the respondents opposes the submission and submits
that the specific guidelines have been framed before filling of the online
forms and according to the guidelines, any mistake can be corrected till the
last date of filling of the form and after three days of the last date filling of the
form. He submits that the similar matter had came up before this Court in WA
No. 770 of 2024, order dated 21.11.2024 (Dharmendra Kumar vs.
Chhattisgarh Vyavasyik Pariksha Mandal and another) whereby Division
Bench of this Court did not accept the submissions in that regard and
therefore, the case of the petitioner is squarely covered by the Judgment as
stated above.
4. I have heard the learned counsel for the parties and perused the record.
5. The case of the petitioner is that while filling of the online form for appearing
in the TET examination 2024, inadvertently in the category (Caste), the
petitioner has filled the form as OBC (Creamy Layer). She want to change
the category status in the form as OBC (Non Creamy Layer).
6. Perusal of guidelines which is placed on record by respondents counsel, it is
very categorically stated that a details instruction were given before filling of
the online form and it is also indicated therein that any correction in online
form could have be made till the last date of filling of the form and thereafter
within a further period of three days. In the opinion of this Court, the
submission of the petitioner cannot be accepted in light of order passed by
Division Bench of this Court in WA No. 770 of 2024, order dated 21.11.2024
(Dharmendra Kumar vs. Chhattisgarh Vyavasyik Pariksha Mandal and
another) and guidelines issued by the respondents in this regard. Therefore,
I do not find any merits in this writ petition.
7. Accordingly, this writ petition is dismissed.
Sd/-
(Amitendra Kishore Prasad)
Shayna JUDGE
