Digitally signed 2025:CGHC:59547 by SHAYNA NAFR KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2925 of 2023

1 - Ku. Prachee Sahu D/o Shri Sheetal Prasad Sahu Aged About 37 Years Assistant Teacher (L.B.), Loharsi (Junior) Block Patan, District Durg (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.)

2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.)

3 - Joint Director Education Division Durg, District Durg (C.G.)

4 - Block Education Officer Durg, District Durg (C.G.)

5 - District Education Officer Durg, District Durg (C.G.)

... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioner : Mr. C. J. K. Rao, Advocate For State : Mr. Devesh G. Kela, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

08/12/2025

1. The petitioner has filed this writ petition seeking following reliefs :-

“10.1 The Hon'ble Court may kindly be pleased to direct the respondent authority to consider the candidature of petitioner for promotion on the post of Teacher (Mathematics) subject on the basis of Bachelor Degree in Engineering.

10.2 The Hon'ble Court may kindly be pleased to direct the respondents authorities to consider the Bachelor of Engineering degree holders as eligible for the post of Teacher (Mathematics). 6

10.3 This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts & circumstances of the case, including awarding of the costs to the petitioner.”

2. Facts of the case, in a nutshell, are that the petitioner was initially appointed as an Assistant Teacher (Science) on 08.10.2008, and his services were subsequently regularized on 30.01.2013. The petitioner is an Engineering Graduate, and his qualification has been duly placed on record. In accordance with the State Government’s policy dated 30.06.2018, the petitioner’s services were absorbed into the Education Department vide order dated 10.08.2018. Although the petitioner’s name was initially included in the gradation list published by the Department, it was later omitted without justification. Upon raising an objection, the petitioner was informed that his candidature for promotion to the post of Teacher (Maths) could not be considered solely on the ground that he holds an engineering degree. Despite the publication of the counseling schedule and list of eligible candidates for promotion on 06.04.2023, the petitioner’s name was again excluded. The issue involved stands settled by the decision of this Court in WPS No. 3789/2019, decided on 17.11.2020, wherein it has been held that engineering graduates cannot be debarred from teaching posts in the School Education Department or the Tribal Department.

3. Learned counsel for the petitioner submits that the petitioner possesses the requisite academic qualification for consideration to the post of Teacher (Maths), having completed her Bachelor of Engineering (B.E.) with Mathematics as a core subject. It is argued that under the Chhattisgarh School Education Service (Teaching Cadre) Recruitment Rules, 2019, a candidate holding a graduate degree with Mathematics as a subject is fully eligible for appointment or promotion to the post of Teacher (Maths). Reliance is placed on the relevant part of the Schedule to the 2019 Rules to demonstrate that the qualification prescribed is not restricted to traditional B.Sc. degrees alone, but extends to any graduate degree that includes Mathematics as a subject. It is further submitted that since the petitioner’s Engineering degree includes Mathematics, she squarely fulfills the statutory criteria and cannot be denied consideration for promotion on the arbitrary ground that she is an Engineering Graduate. Learned counsel emphasizes that the issue is no longer res in