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HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad
Indu Bhagat D/o Baldev Bhagat – Appellant
Versus
State Of Chhattisgarh Through Secretary, Department Of School Education Mantralaya – Respondent
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 re
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.
Appointments for Grade III Teachers must reflect accurate merit while adhering to court directives on recruitment processes, ensuring transparency and fairness in selections.
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
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