Chattisgarh High Court
Kusumlata Jaiswal vs State Of Chhattisgarh on 4 February, 2025
Digitally signed
by YOGESH
YOGESH TIWARI
TIWARI Date:
2025.02.04
1/7
18:03:38 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 942 of 2025
KUSUMLATA JAISWAL versus STATE OF CHHATTISGARH
Order Sheet
04/02/2025 Mr. Mayank Chandrakar, counsel for the petitioner.
Mr. Akhilesh Kumar, Government Advocate for the
State/respondents No.1 to 3 and 6.
Mr. Avinash Singh, Advocate for respondents No.4
and 5.
Heard on Admission and I.A. No. 01/2025, which is an
application for interim relief.
The petitioner has filed this petition while seeking
indulgence of this Court in counseling process which is
scheduled to be commenced on 05.02.2025 for the post of
Assistant Teacher. The petitioner belongs to the OBC women
candidate and having requisite educational qualification including
D.EL.Ed. and B.Ed. and she has also filed the above mentioned
qualification in the online form. However, since in the
advertisement, it has been stated in respect of essential
qualification that she should have passed B.Ed or D.Ed or B.Ed
degree as such due to misunderstanding, she has only stated
about her B.Ed degree presuming that only one of the degree is
required to be mentioned. The petitioner received admit card for
appearing in the examination being the eligible candidate and
has appeared in the examination conducted by respondent No.4
on 10th of June 2023 and the results was declared on 02.07.2023
and consolidated merit list was declared in which petitioner has
been declared passed and her name was reflected in the merit
list. After the publication of merit list on 23.08.2023, the
respondent No.3 has published amended notice/notification, with
respect to teachers direct selection-mentioning with regard to the
process of appointment to these posts to be done through online
counseling and now the new merit list is going to be published
for the recruitment on the post of Assistant Teacher by
respondent No.3. The petitioner is holding both the qualification
of B.Ed and D.EI.Ed for the said reason she may be allowed and
permitted to do the said rectification/addition of D.EI.Ed as her
qualification, so that being eligible candidate her name could
come in the merit list and would be permitted to take part in the
counseling. Later on, on the basis of judgment passed by
Hon'ble Supreme Court in SLP No. 5068/2023 and other
connected matters dated 11th August, 2023, the Hon'ble
Supreme Court has held that for appointment of Primary
Teachers, the requirement of D.Ed or D.EL.Ed would be the
requisite qualification and the B.Ed degree holders would not be
allowed to participate in the recruitment process of the Primary
Teachers. Based on this, the Division Bench of this Court has
also passed orders and accordingly the Assistant Teachers who
were appointed on the basis of their B.Ed degree, the
appointment orders of the teachers who were selected and
appointed on the basis of B.Ed degree were canceled and fresh
counseling process is started. It was argued that the petitioner is
having D.EI.Ed and B.Ed degree degree which she has have
obtained prior to issuance of advertisement as such she is
entitled for participating in the selection process and in the
counseling, she is required to be called, however, since she has
not mentioned her D.EI.Ed degree in her application form due to
mistake as the same was not mentioned that only D.Ed degree
holders would be considered as such she has not mentioned her
D.EL.Ed degree in her application form. He further submits that
the Chhattisgarh Professional Board has issued memo dated
26.09.2023 while considering the order dated 05.09.2023 passed
in WPS Nos.6045/2023, 6088/2023, 6104/2023 & 6084/2023 the
Director Public Instruction Directorate to consider the application
of the aspirants who are having D.Ed and D.El.Ed degree. It was
argued that on the basis of order passed by Hon'ble Supreme
Court, the different States are also allowing the aspirants to
submit their D.Ed degree in the website so that their application
may be considered for their appointment as Primary Teacher.
The Kendriya Vidyalaya Sangathan has also
consequent to receipt of numerous representations received
from the candidates to consider their qualification of two year
Diploma stating that they have both the qualification of Diploma
and B.Ed but have only filled the qualification of B.Ed in the
online application form, the competent authority has considered
such representations and has allowed for the opening of online
window for updation of the qualification only. It may also be
noted that in any circumstances, no updation in any other field in
the online application form will be considered. It has been argued
that since the fifth stage of counseling is going to be started from
05th February, 2025 as such some interim order is required to be
granted in favour of the petitioner so that she may participate in
the counseling proceedings.
On the other hand learned counsel for the
respondents submits that the petitioner is not entitled to get any
relief if she is having certificate of D.Ed or D.EI.Ed, she should
have submitted her degree along with the application. She is not
entitled to get any relief as she has not mentioned about her
D.EI.Ed degree in the application form. At the fag end of
recruitment process if the petitioner will be considered, it will
create various complications and the process of recruitment will
be delayed. He further submits that since the counseling process
is going to be scheduled from 05 th February, 2025 a such it will
be difficult for the respondents to manage the counseling
proceedings.
VYAPAM has also supported the arguments advance by the
State Government while stating that the process is at the
advanced stage and it would be difficult to manage the
counseling.
I have heard learned counsel for the parties and
perused the material available on record.
Considering the facts that the petitioner is having
D.Ed degree prior to issuance of advertisement for appointment,
however, due to misunderstanding, she has not stated the same
in her application form as in the advertisement, it was stated that
requisite qualification would be D.Ed or B.Ed or B.EI.Ed degree,
as such even after holding D.EI.Ed degree, she has not
mentioned it in her application and has also not annexed the
same in her application.
Further, considering the fact that the Kendriya
Vidyalaya Sangathan has issued a communication for
considering the D.Ed degree holders for addition of their degree
in the form and also considering the fact that the Bihar Public
Service Commission has also allowed the aspirants to download
their D.EI.Ed degree in the website. This Court of the view is that
the petitioner is required to be allowed to mention her D.EI.Ed
degree along with her certificate in the form and for this, she is
required to file separate application before the VYAPAM and the
VYAPAM in turn is directed to consider her application and to
prepare a list along with those persons who are having D.Ed or
D.EI.Ed degree prior to issuance of advertisement and allow
them to participate in the counseling proceedings.
At this stage, the counsel for State as well as
VYAPAM obtained instruction as to whether the counseling
proceedings can be extended for a week so that necessary
arrangements may be done by the State as well as VYAPAM in
order to prepare a list and to call the eligible person having D.Ed
or D.EI.Ed degree for counseling for appointment as Assistant
Teacher. On instructions, it has been submitted by both the
counsels that they will extend the date and they will call the fifth
round counseling from 10th of February, 2025.
Accordingly, purely as an interim measure, the
petitioner is directed to file separate application for considering
her D.EI.Ed degree in order to participate in the counseling
proceedings. The application shall be annexed with copy of
D.EI.Ed degree duly certified by the petitioner before the State
and VYAPAM, and, in turn State and VYAPAM shall consider the
same and to allow the petitioner on the basis of her D.EI.Ed
degree to participate in the counseling proceedings, which is
said to be commenced from 10th of February, 2025.
It is made clear that this Court has not made any
opinion on the merits of the case and this is an interim protection
granted to the petitioner for filing of application in order to
mention her D.EI.Ed degree and she will be called for counseling
in accordance with her further eligibility.
The respondents are further directed not to pass any
final order in the forthcoming counseling process without prior
permission of this Court.
Learned counsel for the State prays for and is granted
four weeks' time to file return. Thereafter, two weeks more time is
granted to the petitioner to file rejoinder.
List this case in the week commencing 24 th February,
2025 along with WPS No.925/2025.
Certified copy today.
Sd/- Sd/-
(Amitendra Kishore Prasad)
Judge
Yogesh
