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2023 Supreme(Chh) 281

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, N.K.CHANDRAVANSHI, JJ.
Tilesh Kumar Sahu S/o Banshidhar Sahu - Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 5515 of 2023, WPS No. 3179 of 2023, WPS No. 3518 of 2023, WPS No. 5070 of 2023, WPS No. 5162 of 2023, WPS No. 5320 of 2023
Decided on : 08-08-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ajay Shrivastava, Advocate, Mr. Chandra Prakash Lahrey, Advocate, Mr. Ravikar Patel, Advocate, Ms. Naushina Afrin Ali, Advocate, Mr. Gyan Prakash Shukla, Advocate.
For the Respondents:Mr. H.S.Ahluwalia, Mr. P. Acharya, Advocate.

Headnote:

Right of Children to Free and Compulsory Education Act, 2009 – Advertisement - Appointment - Post of Teacher – Held, presumption is always in favour of constitutionality of legislation and burden is upon the person who attacks it to show that it is invalid and it has to be specifically established that Rule under challenge is of such nature that no prudent man can accept legality of same being highly arbitrary or unreasonable - Further, by impugned amendment, educational qualification has not been lowered or reduced which may affect teaching ability of a candidate who has to teach Middle School students - As per return filed by State, there are many schools where there are negligible number of teachers - In order to fill up vacancies, some steps are definitely required to be taken at end of State - Even otherwise also, petitioners have not been able to demonstrate as to how impugned amendments are contrary to Act/Rules or any provisions of Constitution so as to hold it to be ultra-vires - Petition dismissed

ORDER :

Ramesh Sinha, J.

1. Since the issue involved in all the above writ petitions are similar, they are being heard together. With the consent of learned counsel for the parties, the matter is being heard finally.

2. The petitioner, in WPS No. 5515/2023, has prayed for the following reliefs:

    “(i) That, this Hon'ble Court may kindly be pleased to declare ultra-vires the notification Annexure P-1 dated 11/7/23 in the interest of justice.

(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to restore earlier provision of subject wise setup for appointment of Teacher, in the interest of justice.

(iii) That the advertisement dated 4/5/23 may also be quashed in respect of teachers.

(iv) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”

3. The petitioners, in WPS No. 3179/2023, have prayed for the following reliefs:

    “(i) That, this Hon'ble Court may kindly be pleased to declare ultra-vires the notification Annexure P-1 in respect of teachers removing subject wise criteria from column no. 8 Sr. No. 36 of Schedule-II and Sr. No. ii of Annexure-I (in respect of mentioning only graduate instead of graduate in particular subject) of Chhattisgarh School Education Service (Education and Administrative Cadre) Recruitment and Promotion Rules, 2019 in the interest of justice.

(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to restore earlier provision of subject wise graduation for appointment of Teacher, in the interest of justice.

(iii) That the advertisement Annexure P/7 may also be quashed in respect of teachers.”

4. The petitioners, in WPS No. 3518/2023, have prayed for the following reliefs:

    “(i) That, this Hon'ble Court may kindly be pleased to declare ultra-vires the notification Annexure P-1 in respect of teachers removing subject wise criteria from column no. 8 Sr. No. 36 of Schedule-II and Sr. No. ii of Annexure-I (in respect of mentioning only graduate instead of graduate in particular subject) of Chhattisgarh School Education Administrative Service (Education and Recruitment Cadre) Promotion Rules 2019, in the interest of justice.

(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to restore earlier provision of subject wise graduation for appointment of Teacher, in the interest of justice.

(iii) That the advertisement Annexure P/7 may also be quashed in respect of teachers.

(iv) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”

5. The petitioners, in WPS No.5070/2023, have prayed for the following reliefs:

    “10.1 That, the Hon'ble Court may kindly be pleased to call for record to how are they issued Teacher post is without subject wise.

10.2. That, the Hon'ble Court may kindly be pleased to setaside/quash the gazette notification dated 11/07/2023 and direct to State for recruitment of the post of the teachers is also be subject wise.

10.3. Any other relief which the Hon'ble Court may deem fit, in the interest of justice.”

6. The petitioners, in WPS No.5162/2023, have prayed for the following reliefs:

    “10.1 That the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner.

10.2 That, Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and quash the Gazette notification dated 04.05.2023 (Annexure P/1) & Notification dated 11.07.2023 (Annexure P/2).

10.3 That, Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and direct the respondent authorities to clearly prescribe the educational qualification subject wise for appointment on the post of Teacher in view of the direction and rules framed by NCTE, in the year 2010.

10.4 Any other relief/reliefs which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be granted.”

7. The petitioners, in WPS No.5320/2023, have prayed for the

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