IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BINDIYA MALKAR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
WPC/1566/2026
2026:CGHC:16216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1566 of 2026 Bindiya Malkar D/o Bharat Lal Malkar Aged About 26 Years R/o Taraimal, Raigarh, District- Raigarh (C.G.)
... Petitioner versus
1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Atal Nagar, Mahanadi Bhawan, Nawa Raipur, District- Raipur (C.G.)
2 - State Of Chhattisgarh Through Its Director, State Council Of Educational Research And Training, Chhattisgarh, Raipur, District- Raipur (C.G.)
3 - Chhattisgarh Vyavasayik Pariksha Mandal (Cg Vyapam) Vyapam Bhawan, North Block Sector 19 Atal Nagar Naya Raipur, District- Raipur, Chhattisgarh.
4 - Exam Controller Chhattisgarh Vyavasayik Pariksha Mandal (Cgvyapam) Vyapam, Bhawan North Block Sector 19 Atal Nagar Nava Raipur, District- Raipur, Chhattisgarh.
... Respondents For Petitioner : Ms. Soni Mishra, Advocate.
For Resp. No. 1 & 2 : Mr. Shreyansh Mehta, Panel Lawyer For Resp. No. 3 & 4 : Mr. Avinash Singh, Advocate.
Hon'ble Shri Justice Naresh Kumar Chandravanshi
Order On Board
08-4-2026
1. The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking following reliefs :-
10.1. That, this Hon’ble Court may kindly be pleased to issue appropriate writ/order/direction to the respondent authority to allow the petitioner to cure the defect entered in the examination from from OBC Creamy Layer category to OBC Non-Creamy Layer category.
2. The Hon’ble Court may kindly be pleased to set aside the result and declare a fresh result only up to the extent of the petitioner.
3. That any other relief which this Hon'ble court deem fit in the facts & circumstances may also be granted.
3. Learned counsel for the petitioner would submit that, the petitioner submitted an Online form (Annexure P-2) to appear in the Teachers Eligibility Test (TET) for the year 2026, conducted by the respondents. While filing Online form (Annexure P-2), the petitioner inadvertently mentioned her category as ‘OBC Creamy Lawyer’, but in fact, she belongs to ‘OBC Non-Creamy Lawyer’. She further submits that the petitioner has submitted a representation Annexure P-2 for correction of her category, therefore, she submits that, the respondents may be directed to consider the case of the petitioner and decide the representation (Annexure P-2) submitted by the petitioner by treating her category as ‘OBC Non-Creamy Lawyer’ in place of ‘OBC Creamy Lawyer’.
4. Learned counsel for the respondents would submit that, specific instructions have been issued by the respondents for filing of Online form, according to which, last date of filing of Online form was 8-12- 2025 and any mistake can be corrected from 9-12-2025 till 11-12-2025. He further submits that, similar matter came up before this Court in Writ Appeal No. 770/2024 (Dharmendra Kumar Vs. Chhattisgarh Vyavasyik Pariksha Mandal (CGVyapam and Anr.) (Annexure R-2), wherein vide Judgment dated 21-11-2024, learned Division Bench did not accept the submission of petitioner therein in that regard and the case of the petitioner is squarely covered by that judgment. He further submits that, similar view has also been reiterated by learned Division Bench in Writ Appeal No. 11/2025 (Preeti -v- Chhattisgarh Professional Examination Board (Cgvyapam and Anr.), therefore he submits that, this writ petition deserves to be rejected out rightly.
5. Heard learned counsel for the parties and perused the material available on record.
6. As per the instructions issued by the respondents vide Annexure P-1, Clause 3 specifically provides that, correction in the Online form could be done from 1st date after last date of filing of form till 3 days i.e. till 11-12- 2025. In the instant case, the petitioner filed representation (Annexure P- 2) after declaration of result, which is far beyond the stipulated period, as has been provided in the instructions.
7. Having considered the aforesaid clear instructions issued by the respondents and in the light of the view taken by learn
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