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Digitally s S i I g D n D e H d A b N y T 2026:CGHC:17649 SIDDHANT TAMRAKAR TAMRAKAR Date:

2026.04.22

13:15:40 +0530 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4959 of 2021

 Seema Mishra D/o Shri Madhu Shankar Mishra Aged About 30 Years R/o Priyanka Sadan, Brahmanpara, Ward No. 07, Tahsil And District Bemetara

Chhattisgarh ... Petitioner

versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, P. S. And Post Rakhi, Atal Nagar

Nawa Raipur District Raipur Chhattisgarh

2. Director Directorate Of Public Instructions Atal Nagar, Raipur District Raipur Chhattisgarh

3. Chhattisgarh Professional Examination Board Raipur Through Its Chairman Vyapam Bhavan, North Block Sector 19, Atal Nagar District Raipur

Chhattisgarh

4. Joint Director Office Of Divisional Joint Director, Education Department Durg Chhattisgarh

5. District Education Officer Durg District Durg Chhattisgarh ... Respondent(s)

For Petitioner : Mr. Aakashdeep Sharma, Advocate holding the brief of Mr. Atul Kesharwani, Advocate

For State : Mr. Anmol Sharma, Panel Lawyer For Respondent No. 3 : Mr. Arpit Parakh, Advocate holding the brief of

Mr. Animesh Tiwari, Advocate

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

17.04 .2026

1. By way of this petition, the petitioner has sought the following relief(s):-

“10.1 Issue appropriate writ/direction setting aside the impugned order the impugned letter dt. 20.02.2021 (Annexure P-8) and impugned

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appointment order/list dated 24.08.2021 (Annexure P-9), in the interest of justice.

10.2 To direct the concerned respondent authority to issue fresh appointment order by including the petitioner for the post of Teacher (Biology) E-

cadre.

10.3 To provide compensation and cost of the petition to the petitioner, in the interest of justice.”

2. Facts of the present case are that pursuant to an advertisement dated

09.03.2019, the petitioner participated in the recruitment process for appointment to the post of Assistant Teacher (Science). Written test was conducted on 05.08.2019 in which petitioner secured 72.606 marks and became successful. Based on the merit list, petitioner along with other successful candidates were called for verification of documents on 22.01.2021 and thereafter, she was declared eligible. On 24.08.2021, list of selected candidates was issued in which name of the petitioner was not included. Subsequently, the petitioner came to know that her candidature was rejected vide letter dated 20.02.2021 on the ground that she obtained D.Ed. Degree/ certificate after passing Teachers Eligibility Test (TET) examination

and therefore, order of appointment was not issued in her favor.

3. Learned counsel for petitioner submits that petitioner had requisite

qualification for appointment to the post of Teacher (Biology) as required in advertisement issued by the respondents but her name was not considered. In the first round of documents verification on 22.01.2021, after verification of documents, proposal for appointment was given to the petitioner. He would contend that the petitioner is a selected candidate, however, respondent No. 4 without providing any opportunity of hearing and ignoring the terms and conditions mentioned in the advertisement, rejected her candidature. He

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would argue that rejection of candidature of petitioner is arbitrary action and in violation of principles of nature justice. He would pray to allow this

petition.

4. On the other hand, learned Advocates appearing for respondents oppose the

submissions of learned counsel for petitioner. They would submit that in the advertisement dated 09.03.2019 minimum qualification was specifically prescribed. They would further submit that petitioner submitted online application for the post of Teacher (Biology) and she secured minimum required marks in the written examination and was called for verification of documents on 22.01.2021. They would submit that respondent No. 4 after verification of the d