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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SANJAY KUMAR JAISWAL
Hardeo Ram Sahu S/o Shri Madhulal Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. In this batch of writ petitions, the petitioners herein have questioned the constitutional validity of notification dated 14-6-2021, whereby the Chhattisgarh Secretariat Service Recruitment Rules, 2012 (for short ‘the Rules of 2012’) have been amended inserting Bachelor’s Degree as qualification for appointment by promotion to the posts of Joint Secretary, Deputy Secretary, Under Secretary and Section Officer in serial Nos.1, 2, 3 and 7 of Schedule-IV, in addition to the requisite experience. All the posts with respect to which the challenge has been made, are 100% promotional posts.
2. Since common question of law and fact is involved in this batch of writ petitions, they have been clubbed together, heard together and are being disposed of by this common order.
3. The sole petitioner in WPS No.5528/2021 namely, Hardeo Ram Sahu retired from service and similarly, petitioner No.3 Tirth Prasad Ladiya, petitioner No.4 Anwarursheed Khan, petitioner No.12 Smt. Emerensia Xess and petitioner No.13 Janak Kumar in WPS No.829/2022 retired from service, during the pendency of writ petitions. Similarly, petitioner No.9 Ravindra Kumar Barsagade and petitioner No.10 Krishna Kumar Sharma
The amendment mandating a Bachelor's Degree for certain promotions was constitutionally valid, emphasizing the employer's prerogative to set qualification standards related to job responsibilities.
Classification based on educational qualifications for promotion in public service is valid if it promotes academic excellence and has a rational basis.
The amendment affecting chances of promotion for employees does not necessarily constitute a change in the conditions of service, and the State has the power to unilaterally amend service rules.
Classification based on educational qualifications for promotion is permissible under Articles 14 and 16 of the Constitution, provided it is reasonable and has a rational connection to the objectives....
The amendment allowing work-charged employees to seek promotion is constitutionally valid, as it involves rational classification and does not violate equality provisions.
The court upheld the validity of amended promotion rules, ruling they apply prospectively and that participation in the selection process waives the right to challenge it.
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