JUDGMENT :

(Ramesh Sinha, J.)

1. The instant writ appeal is filed by the State/appellants herein challenging order dated 12.08.2022 passed by the learned Single Judge by which writ petition filed by the writ petitioner/respondent herein has been allowed.

2. In order to consider the challenge made in this writ appeal, it would be appropriate to notice essential facts necessary for the disposal of the instant appeal which are as under:-

2.1.On 09.03.2019, the Director, Public Instructions issued an advertisement for recruitment and appointment on various posts including the post of Lecturers, Teachers and Assistant Teachers in the schools managed and run by the State Government/appellants herein. The advertisement was issued strictly in accordance with the provisions contained in the Chhattisgarh School Education Service (Education and Administrative Cadre) Recruitment and Promotion Rules, 2019. The applications were invited till 25.04.2019 and the writ petitioner/respondent herein had applied for the post of Lecturer (English) and after written examination, the result was declared on 30.09.2019 by Chhattisgarh Professional Examination Board. Writ petitioner/respondent herein was called for verification of documents, for which she was directed to remain present along with her documents on 11.11.2019. The respondent appeared for verification of her documents where her candidature has been rejected on the ground that she does not have residence certificate of State of Chhattisgarh and thereafter, lock down took place on 24.03.2020 due to COVID-19. Meanwhile, many candidates who have possessed the residence certificate but could not produce the same at the time of document verification, made representations, which were taken into consideration by the authorities and the document verification was held again on 19.11.2020 and the writ petitioner/respondent herein was also allowed to again appear for document verification. The writ petitioner/respondent herein appeared for document verification where she produced the residence certificate dated 28.11.2019 which was after cutoff date i.e. 30.09.2019 and accordingly, her candidature was rejected as she did not hold the required certificate prior to the cutoff date as stipulated vide Clause 8(2) and 8(7) in the advertisement against which writ petition i.e. WP(S) No.1905/2021 was filed challenging the order dated 19.11.2020, in which learned Single Judge, after hearing the parties and after considering the submissions, allowed the writ petition in favour of the writ petitioner/respondent herein by the impugned order against which the instant appeal has been preferred by the respondent/appellant herein.

3. Mr. Jitendra Pali, learned State counsel, would submit that the letter dated 19.11.2020 has been issued to the writ petitioner/respondent herein strictly as per the mandate of the advertisement and the conditions are being applied in equal manner upon all the applicants, who have participated in the examination process and as per Clause 8(2) of the advertisement, an applicant has to be resident of State of Chhattisgarh, whereas Clause 8(7) provides that the applicant has to obtain all necessary educational qualifications and other certificates before the declaration of result by VYAPAM and the said conditions are mandatory. He would also submit that it is a case of sheer negligence on the part of writ petitioner/respondent herein as she had sufficient time to obtain the residence certificate, but she has deliberately ignored the terms and conditions of the advertisement. He would further submit that learned Single Judge in passing the impugned order has wrongly held that the residence certificate is not essential qualification for appointment and, as such, the impugned order dated 12.08.2022 passed by the learned Single Judge deserves to be set aside. In support of his submission, he would rely upon the decision of the Supreme Court in the matter of Madras Institute of Development Studies