Ranjeeta Rajput vs State Of Chhattisgarh
2025 Latest Caselaw 1753 Chatt

Chattisgarh High Court

Ranjeeta Rajput vs State Of Chhattisgarh on 5 February, 2025

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             HIGH COURT OF CHHATTISGARH AT BILASPUR


                           WPS No. 1075 of 2025

         Ranjeeta Rajput & Ors. Versus State Of Chhattisgarh & Ors.



                                   Order Sheet


    05/02/2025        Mr. Ishan Verma, counsel for the petitioners.
                      Mr. Ajit Singh, G.A. for the State.

Digitally
                      Mr. Animesh Tiwari, counsel for VYAPAM.
signed by
RAGHVENDRA
JAT
                      Heard on I.A.          No. 02/2025,   which is an
                 application for exemption from filing the type copy of
                 annexures/ documents.
                      On due consideration and for the reasons
                 mentioned in the application, I.A. No. 02/2025 is hereby
                 dismissed.
                      Legible copies of annexures/ documents be filed
                 within 10 days.
                      The petitioners have 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 petitioners
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possess all requisite qualifications, including a Diploma
in     Education    (D.Ed.),        however,     since    in   the
advertisement      it   has    been     stated     that   in   the
advertisement in respect of essential qualification they
should have passed B.Ed or D.Ed or B.L.Ed degree as
such due to misunderstanding, they have only stated
about their B.Ed degree presuming that only one of the
degree is required to be mentioned. 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.EI.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 petitioners are
having D.Ed degree which they have obtained prior to
issuance of advertisement as such they are entitled for
participating in the selection process and in the
counseling they are required to be called, however,
since they have not mentioned their D.Ed degree in
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their application form due to mistake as the same was
not mentioned that only D.Ed degree holders would be
considered as such they have not mentioned their D.Ed
degree in their 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 the above, numerous representations
have been received from the candidates to consider
their qualifications of two year Diploma stating that they
have both the qualification of Diploma and B.Ed but
have 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
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argued that since the fifth stage of counseling is going
to be started from 05th of February, 2025 as such some
interim order is required to be granted in favour of the
petitioners so that they may participate in the
counseling proceedings.
      On the other hand, learned counsel for the
respondents submits that the petitioners are not entitled

to get any relief if they were having certificate of D.Ed or D.EI.Ed, they should have submitted their degree along with the application. They are not entitled to get any relief as they have not mentioned about their D.Ed degree in the application form. At the fag end of recruitment process if the petitioners 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 05th of February, 2025 a such it will be difficult for the respondents to manage the counseling proceedings.

Learned counsel for 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 petitioners are having D.Ed degree prior to issuance of advertisement

for appointment, however, due to misunderstanding, they have not stated the same in their application form as in the advertisement it was stated that requisite qualification would be B.Ed, D.Ed or D.El.Ed degree as such even after holding D.Ed degree they have not mentioned it in their application and have also not annexed the same in their application. Though they have been appointed vide Annexure P/6 on the basis of their educational qualification B.Ed though they also consist with the qualification of D.El.Ed and they are still working on the post of Assistant Teacher with the respondent authorities.

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 petitioners are required to be allowed to mention their D.Ed degree along with their certificate in their form and for this they are required to file separate application for each of the petitioners before the VYAPAM and the VYAPAM in turn is directed to consider their applications and to prepare a list along with those persons who are having D.Ed degree prior to issuance of advertisement and allow them to participate in the

counseling proceedings. At this stage, the counsel for respondent State as well as counsel for 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 degree for counseling for appointment as Assistant Teacher. On instruction 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 each of the petitioners are directed to file separate applications for considering their D.Ed degree in order to participate in the counseling proceedings. The application shall be annexed with copy of D.Ed degree duly certified by each of the petitioners before the State and VYAPAM, and, in turn State and VYAPAM shall consider the same and to allow the petitioners on the basis of their D.Ed degree to participate in the counseling proceedings which is said to be commenced from 10 th 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 petitioners for their filing of application in order to mention their D.Ed degree and they will be called for counseling in accordance with

their further eligibility.

The respondents are further directed not to pass any final order in the forthcoming counseling process without prior permission of this Court.

Since, the petitioners are already working as Assistant Teacher in the Primary School and they are also having requisite qualification of D.EI.Ed as such the respondents are directed not to take any coercive steps against the petitioners.

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.

Certified copy today.

Sd/-

(Amitendra Kishore Prasad) Judge

Raghu Jat