ORDER :

1. The short question involved in the present writ petition is 'whether the candidate, who has passed the Central Teacher Eligibility Test (CTET) would be eligible for participation in the recruitment process for appointment to the post of Teacher in the State of Chhattisgarh without qualifying the Teacher Eligibility Test (TET) conducted by the State Government'.

2. The relevant facts, which is necessary for the adjudication of the present writ petition is that an advertisement was issued by the respondents for filling up of various posts of Teachers, Assistant Teachers, in the various subjects for the various schools in the State of Chhattisgarh. The petitioners also had applied for the post of Teacher (Biology). For ready reference, the minimum eligibility criteria for participation in the said recruitment process for the post of Teacher is as under:

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3. The private respondent i.e. the respondent No.5-Mr. Keshav Vishwakarma also had applied for the said post of Teacher (Biology). Apart from the educational qualification required for the said post, the petitioners in the instant case had cleared the TET examination conducted by the State of Chhattisgarh, whereas the private respondent No.5 had cleared the CTET. Both of them having participated, the respondent No.5 has been found meritorious and after due process of selection, the offer of appointment has also been issued. The petitioners also were found meritorious, however their name stood lower in the order of merit and therefore they have been placed in the waiting list. The contention of the petitioners now in the present writ petition is that the recruitment Rules governing the field is the Chhattisgarh School Education Services (Educational and Administrative Cadre) 2019. Under the said Rules, it is specifically held that the candidates must have to pass the TET conducted by the appropriate government and according to the petitioners, the appropriate government in the instant case would be the State of Chhattisgarh and therefore it is only the candidate, who has cleared the TET examination conducted by the State of Chhattisgarh, who would be eligible for participation in the selection process from the aforementioned advertisement.

4. That since the respondent No.5 have cleared the CTET conducted by the Central Board of Secondary Education, the respondent No.5 as such does not meet the requisite eligibility criteria under the Rules as also under the advertisement and therefore the proposal for giving appointment to the respondent No.5 is bad in law and also contrary to the Rules. Hence, the candidature of the respondent No.5 should be rejected and the petitioners in turn should be considered. According to the petitioners, the very reference in the Rules of 2019 prescribing the requirement of TET conducted by the appropriate government itself means only the examination conducted by the State of Chhattisgarh and it cannot be that of any other agency or government. The counsel for the petitioners also drew the attention of the Court to the Right of Children to Free and Compulsory Education Act, 2009 for the purpose of determining the meaning of appropriate government u