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2022 Supreme(Chh) 269

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS, J.
Namita Diwan, D/o Shri Chandan Singh Diwan – Appellant
Versus
State of Chhattisgarh, Through Its Principal Secretary, Department of School Education - Respondents
WPS No. 5051, 5460 of 2021, 2429, 2696, 3582, 3862, 3868, 3884, 3888, 3900, 3901, 3904, 3931, 3933, 3947, 4027, 4183, 4340, 4475, 4636, 4641, 4594, 4691, 4683, 4602, 4597, 4606 of 2022
Decided on : 23-08-2022

Advocate Appeared:
For the Appellant :Mr. Mateen Siddiqui, Mr. Ghanshyam Kashyap, Mr. C. Jayant K. Rao, Mr. Faisal Akhtar, Mr. Harish Khuntiya, Mr. Anchal Kumar Matre, Mr. Purnendra Khichariya, Advocates.
For the Respondent:Mr. Amrito Das, Additional A.G., Mr. Sandeep Dubey, Dy. A.G. & Mr. Sunita Jain, Govt. Advocate. & Mr. Ravi Bhagat, Dr. Sourabh Kumar Pandey & Mr. Anadi Sharma, Advocates.

Headnote:

WRIT - EDUCATION - NCTE - TEACHER ELIGIBILITY TEST - RELAXATION OF MARKS - APPOINTMENT OF ASSISTANT TEACHER/TEACHER - MINIMUM QUALIFICATION - RELAXATION OF 5% MARKS FOR RESERVED CATEGORY CANDIDATES - NCTE GUIDELINES - STATE RECRUITMENT RULES - INTERPRETATION - VALIDITY - RIGHT TO FREE AND COMPULSORY EDUCATION ACT, 2009 - SECTION 23 - RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION RULES, 2010 - RULE 23 - CHHATTISGARH SCHOOL EDUCATION SERVICES (EDUCATION AND ADMINISTRATIVE CADRE) RECRUITMENT AND PROMOTION RULES, 2019 - RULE 8(II).

Fact of the Case:

The petitioners, belonging to the Scheduled Tribe category, challenged the rejection of their candidature for the post of Assistant Teacher/Teacher due to securing less than 50% marks in the Higher Secondary or Graduation examination. They claimed relaxation of 5% marks as per the advertisement and recruitment rules, citing the Right to Free and Compulsory Education Act, 2009, NCTE guidelines, and State Government circulars.

Finding of the Court:

1. The NCTE, as the academic authority under the Right to Free and Compulsory Education Act, 2009, has the power to lay down minimum qualifications for teachers. The State Government is bound to act as per these qualifications and cannot give effect to any contrary rule. 2. The relaxation of 5% marks for reserved category candidates in the Teacher Eligibility Test (TET) is permissible as per NCTE guidelines and the State Government's policy. However, this relaxation is only for TET and not for appointment as a teacher. 3. The minimum qualification prescribed by the NCTE and the State Government's recruitment rules for the post of Assistant Teacher/Teacher is 50% marks in the Higher Secondary or Graduation examination. This requirement is binding and cannot be relaxed. 4. The petitioners' claim for relaxation of 5% marks in the qualifying marks for appointment as Assistant Teacher/Teacher is not permissible as it would dilute the standard of education and compromise the quality of teachers.

Issues: 1. Whether the relaxation of 5% marks for reserved category candidates in the Teacher Eligibility Test (TET) is applicable to the appointment of Assistant Teacher/Teacher? 2. Whether the minimum qualification prescribed by the NCTE and the State Government's recruitment rules for the post of Assistant Teacher/Teacher can be relaxed?

Ratio Decidendi: 1. The relaxation of 5% marks for reserved category candidates in the TET is only applicable to the TET and not to the appointment of Assistant Teacher/Teacher. 2. The minimum qualification prescribed by the NCTE and the State Government's recruitment rules for the post of Assistant Teacher/Teacher is binding and cannot be relaxed.

Final Decision: The writ petitions were dismissed. The petitioners were not entitled to any relaxation in the minimum qualifying marks for appointment as Assistant Teacher/Teacher.

ORDER :

1. As a common question of law and facts are involved in all the aforesaid bunch of Writ Petitions, they are heard analogously and are being disposed of by this common order. For sake of convenience WPS No. 5051 of 2021 is being treated as lead case.

2. WPS No. 5051 of 2021, WPS No. 3884 of 2022, WPS No. 3868 of 2022, WPS No. 3900 of 2022, WPS No. 4027 of 2022, WPS No. 2696 of 2022, WPS No. 3582 of 2022, WPS No. 3901 of 2022, WPS No. 2429 of 2022, WPS No. 3862 of 2022, WPS No. 5460 of 2021, WPS No. 3931 of 2022, WPS No. 4183 of 2022, WPS No. 3888 of 2022, WPS No. 3933 of 2022, WPS No. 3904 of 2022, WPS No. 3947 of 2022 & WPS No. 4340 of 2022 were reserved for orders on 22.07.2022. WPS No. 4475 of 2022, WPS No. 4636 of 2022 & WPS No. 4641 of 2022 were reserved for orders on 25.07.2022. WPS No. 4594 of 2022, WPS No. 4691 of 2022, WPS No. 4683 of 2022, WPS No. 4602 of 2022, WPS No. 4597 of 2022 & WPS No. 4606 of 2022 were reserved for orders on 28.07.2022.

3. The petitioners have filed the present petitions against the impugned order (Annexure-P/1) by which the candidature of the petitioners through direct recruitment for the post of Assistant Teacher/Teacher has been rejected on the count that the petitioners have secured less than 50% marks in Higher Secondary or in the Graduation as the case may be.

4. The facts reflected from the record are that respondent No. 2 has issued an advertisement for appointment on the post of Assistant Teacher (E Cadre), Assistant Teacher (T Cadre), State Cadre, Division Cadre & District Cadre posts. The advertisement was issued for Lecturer, Teacher, Assistant Teacher, Assistant Teacher (Science), Assistant Teacher (Laboratory), Assistant Teacher (English), Assistant Teacher (English Medium Arts Group), Assistant Teacher (English Medium Science Group). Clause (1) of the advertisement provides eligibility criteria for direct recruitment. The minimum qualification for various posts has been prescribed in the advertisement which are as under:-

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    vFkok
    U;wure 50 izfr'kr vadks ds lkFk mPprj ek/;fed ¼vFkok blds led{k½ ,oa izkjafHkd f'k{kk'kkL= ¼ch-,y-,M-½ esa pkj o"khZ; Lukrd
    vFkok
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    rFkk
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    2- lgk;d f'k{kd vaxzsth ek/;e ds inksa gsrq vH;FkhZ dks vaxzsth ek/;e ls mPprj ek/;fed ¼vFkok blds led{k½ ijh{kk mRrh.kZ gksuk vko';d gksxk rFkk 'ks"k ekin.M mDr fcanq 2- ¼,d½ lgk;d f'k{kd gsrq fu/kkZfjr vuqlkj gksuk vko';d gSA
    3- lkekU; iz'kklu foHkkx ds ifji= dze


























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