Chattisgarh High Court
Deepak Kumar Lahre vs State Of Chhattisgarh on 7 February, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1139 of 2025
1 - Deepak Kumar Lahre S/o Jagdev Prasad Lahre Aged About 32 Years R/o
House No. 60, Mehrapara, Ward No.-05, Puchheli, District Mungeli (C.G.)
... Petitioner
Versus
1 - State Of Chhattisgarh Through The Secretary, School Education Department,
Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Raipur, Chhattisgarh
2 - Director Public Instruction, Indrawati Bhawan, Naya Raipur Atal Nagar,
Raipur, Chhattisgarh
3 - Chhattisgarh Vyavasayik Pariksha Mandal Through The Controller, Vyapam
Bhawan, North Block, Sector-19, Atal Nagar, Nawa Raipur, District Raipur (C.G.)
... Respondents
Order Sheet
07/02/2025 Ms. Diksha Gouraha, Advocate for the Petitioner.
Mr. Ajeet Singh, Government Advocate for the
Respondents No. 1 & 2/State.
Mr. Sabyasachi Choubey, Advocate on behalf of Dr.
Saurabh Pande, Advocate for the Respondent No. 3.
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 commecing on 05.02.2025 for the post of Assistant Teacher.
The petitioner 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 he should have passed B.Ed or
D.Ed or B.L.Ed degree, as such, due to misunderstanding, he
had only stated about his 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 petitioner is having D.Ed degree
which he has obtained prior to issuance of advertisement as
such, he is entitled for participating in the selection process and in
the counseling, he is required to be called, however, since he has
not mentioned their D.Ed degree in their application form due to
mistake as the same was not mentioned that, only D.Ed degree
holders would be considered as such, he has not mentioned his
D.Ed degree in his application form.
She 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 qualification 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 argued that since the fifth stage of
counseling is going to commence from 05th February, 2025 as
such, some interim order is required to be granted in favour of the
petitioner so that he 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 he
was having certificate of D.Ed or D.EI.Ed, he should have
submitted his degree along with the application. He is not entitled
to get any relief as he has not mentioned about his D.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. She
further submits that since the counseling process is going to
schedule from 05th February, 2025 as 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 respective and have
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, he has not stated the same in
his 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, he has not mentioned it in
his appliction form 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 is of the view that
the petitioner is required to be allowed to mention his D.Ed
degree along with his certificate in his form and for this, he is
required to file separate application before the VYAPAM and the
VYAPAM and in turn, is directed to consider his application 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 may obtain 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 of
counseling from 10th of February, 2025. Accordingly, purely as
an interim measure, the petitioner is directed to file separate
application for considering his 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 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 his
D.Ed degree to participate in the counseling proceedings which is
said to be commencing 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 his application in order to mention his
D.Ed degree and he will be called for counseling in accordance
with his 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 24th February,
2025.
Certified copy by today.
Digitally
SHUBHAM signed by
DEY SHUBHAM
DEY
Sd/- Sd/-
(Amitendra Kishore Prasad)
Dey Judge
