JUDGMENT :

ARUP KUMAR GOSWAMI, J.

On 09.03.2019, the Director, Directorate of Public Instructions, Raipur, had issued an advertisement for recruitment and appointment to various posts of teaching staff including Teachers and Assistant Teachers. The minimum educational qualification for the post of Assistant Teacher (Science) is laid down in clause 2(i)(a) and (b). The minimum educational qualification for the post of Teacher is laid down in clause 2(ii) (a) and (b). They read as follows:

“2. Minimum Educational Qualification –

(i). Assistant Teacher –

(a) Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Elementary Education (by whatever name known)

OR

Senior Secondary (or its equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulation, 2002.

OR

Senior Secondary (or its equivalent) with at least 50% marks and 4-year Bachelor of Elementary Education (B. EL.Ed.)

OR

Senior Secondary (or its equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education)

OR

Graduation and two year Diploma in Elementary Education (by whatever name known)

OR

Graduation with at least 50% marks and B.Ed. Qualification (Graduate from the institution recognized from NCTE), shall also be eligible for appointment as teacher for classes 1 to 5, Provided 10 he/she undergoes, after appointment, a NCTE recognized 6 month special programme in Elementary Education.

And

(b) Passed the Teacher Eligibility Test (TET), to be conducted by the appropriate Government, in accordance with the guidelines framed by the NCTE for this purpose.

2. Minimum Educational Qualification –

(ii). Teacher –

(a) Graduation and 2 year Diploma in Elementary Education (by what ever name known)

OR

Graduation with at least 50% marks and 1 year Bachelor in Education (B.Ed.)

OR

Graduation with at least 45% marks and 1-year Bachelor in Education (B.Ed.), in accordance with the NCTE (Recognition, Norms and Procedure) Regulations issued from time to time in this regard.

OR

Higher Secondary or its equivalent with at least 50% marks and 4 years B.A./B.Sc.Ed. or B.AEd./B.Sc.Ed.

OR

Graduation with at least 50% marks and 1 years B.Ed. (Special Education)

And

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the Guidelines framed by the NCTE for the purpose.”

2. The petitioners in all the writ petitions either belong to Other Backward Class (OBC), Scheduled Caste (SC) or Scheduled Tribe (ST). The common thread, essentially running through all the writ petitions, is that they had participated pursuant to the aforesaid advertisement for appointment as Assistant Teacher and Teacher and were successful in the written examination. However, subsequently, they were declared to be ineligible for the post of Assistant Teacher and Teacher as not meeting the educational eligibility qualification.

3. The learned Single Judge dismissed the writ petitions negating the challenge made by the petitioners, by holding, amongst others, that the plea raised by the petitioners regarding entitlement of relaxation of 5% marks in academic qualification to be without any merit.

4. A chart is given hereinbelow indicating the status of the petitioners as well as the grounds of rejection in case of each of the writ petitioners.