Chattisgarh High Court
Umendra Singh vs State Of Chhattisgarh on 5 February, 2025
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HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1077 of 2025
Umendra Singh & Another 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
signed by Mr. Animesh Tiwari, counsel for VYAPAM.
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 respondent No. 3 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 D.Ed or B.Ed or B.L.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.
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 respondent No. 3 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 petitioner 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.
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
