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HIGH COURT OF CHHATTISGARH AT BILASPUR
HON'BLE SHRI AMITENDRA KISHORE PRASAD, J.
Indu Bhagat D/o Baldev Bhagat – Appellant
Versus
State Of Chhattisgarh Through Secretary, Department Of School Education Mantralaya – Respondent
WPS No. 7701, 7708, 7711, 7710, 7706 of 2024
Decided on : 10-3-2025
(A) Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 - Direct Recruitment of Teachers 'E' & 'T' Cadre 2023 - Petitioners sought direction for completion of recruitment process for vacant posts, claiming delay by respondents - Court found no indefeasible right to appointment despite being on merit list, as petitioners failed to meet cut-off marks. (Paras 1, 5, 18, 22)
(B) Legitimate Expectation - Candidates have a legitimate expectation for a fair recruitment process, but this does not confer a right to appointment if they do not meet the prescribed criteria. (Paras 15, 18)
(C) Judicial Review - The court emphasized that it will not interfere in recruitment processes unless there is arbitrary action by the State. (Paras 20, 22)
Facts of the case:
Petitioners appeared in Teacher Recruitment Examination-2023 conducted by CGVYAPAM and were awaiting appointment for vacant posts. The recruitment process was delayed, and petitioners claimed their rights were violated due to the expiration of the merit list validity.
Findings of Court:
The court found that the petitioners did not have a vested right to appointment as they failed to meet the cut-off marks despite being on the merit list.
Issues: The main issues were whether the petitioners had a right to be appointed despite not meeting the cut-off marks and whether the recruitment process was conducted fairly.
Ratio Decidendi: The court ruled that being on a merit list does not confer an indefeasible right to appointment, and the State is not obligated to fill all vacancies if candidates do not meet the required criteria.
Result: Petitions dismissed.
Order :
(Amitendra Kishore Prasad, J.)
1. Heard Dr. Jitendra Kishor Mehta assisted by Mr. Anand Kumar Kujur, Advocates for the respective petitioners. Also heard Mr. Ajit Singh, Govt. Advocate appearing for the State/respondents.
2. Since the common issue is involved in all the writ petitions, as such, they are clubbed together, heard together and disposed of by this common order.
3. The petitioners are seeking indulgence of this Court with a prayer that the respondent authorities be directed to conclude the Direct Recruitment of Teachers "E" & "T" Cadre 2023 for the vacant posts of Divisional Cadre in Surguja and Bastar Division. After appearing in the Teacher Recruitment Examination-2023 conducted by Chhattisgarh Vyawsayik Pariksha Mandal, Raipur (herein called as 'CGVYAPAM) on behalf of Directorate of Public Instructions (Department of School Education), the petitioners who are in merit list are waiting to undergo appointment process in the vacant post of teacher and lecturer 'E' & T' cadre through online counselling. The respondents have not yet notified in public domain that they have stopped or are going to continue the process of appointment through online counselling for the remaining vacant posts of Teachers, but till date, the respondents have not completed the process of recruitment, for which the respondents had published advertisement for the direct recruitment of Teachers and Lecturers "E" & "T" Cadre for the vacant posts of Divisional cadre in Surguja and Bastar Division.
4. In all the writ petitions, almost same reliefs have been claimed by the petitioners. For the sake of brevity, the reliefs sought by the petitioners in WPS No.7701/2024 (Indu Bhagat and other vs. State of Chhattisgarh and others) has been taken into consideration which are quoted hereinbelow:-
“(i) That this Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case.
(ii) That this Hon'ble Court may kindly be pleased to issue appropriate writs/orders/direction to the respondent authorities to conclude the Direct Recruitment of Teachers "E" & "T" Cadre 2023 for the vacant posts of Divisional Cadre in Surguja and Bastar Division.
(iii) That this Hon'ble Court may kindly be pleased to issue appropriate writs/orders/ direction to the respondents not to create new vacancy for the post of teachers till the present Teacher Recruitment 2023 is concluded.
(iv) That this Hon'ble Court may kindly be pleased to issue appropriate writs/orders/direction to consider the representations preferred by the petitioners.
(v) That any other relief/order which may be deem fit and just in the facts and circumstances of the case may kindly be granted.”
5. Brief facts necessary for disposal of all these writ petitions are that the petitioners had appeared in the Teacher Recruitment Examination-2023 which was conducted by CGVYAPAM and they are waited to undergo appointment process in the vacant post of teacher and lecturer 'E' & ' T' cadre through online counselling. The respondents initiated teacher recruitment process under Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (for short, “Rules of 2019”) and on 04.05.2023, the Department of Public Instructions (Department of School Education) published two separate detailed advertisement inviting online application from the eligible candidates for Direct Recruitment of Teachers "E" & "T" Cadre and Lecturer "E" & "T" Cadre for the vacant posts of Divisional cadre in Surguja and Bastar Division, respectively. The number of vacant posts for Teacher E' cadre was 1113 and for the Teacher T' cadre was 4659 a total of 5772 posts of teachers. The total number of vacant posts for Lecturer cadre was 432. The petitioner have filled their online application forms as scheduled through the website of CGVYAPAM. On 10.06.2023, the CGVYAPAM has conducted the Teacher Recruitment Examination-2023 and on 15.06.2023, the CGVYAPAM has released the model ans
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
The expiration of a select list due to inaction and erroneous decision of the authorities cannot deprive a selected candidate of appointment.
The main legal point established in the judgment is that candidates who have secured more marks than the last selected candidates are entitled to be considered for counseling and appointment, especia....
The court affirmed that appointment claims require direct engagement in the selection process, emphasizing no valid grievances from unlisted candidates based on prior judicial findings.
A candidate's inclusion in a select list does not confer an indefeasible right to appointment; the authorities have discretion in the selection process.
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