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2026 Supreme(Online)(Chh) 11581

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rakesh Mohan Pandey, J
Ekta Chandrakar – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 952 of 2021



Advocates:
For the Appellants/Petitioners: Mayank Chandrakar
For the Respondents: Keshav Gupta, Arpit Parakh, Animesh Tiwari

The 'rules of the game' regarding eligibility criteria for public employment cannot be changed or supplemented with new disqualifications once the recruitment process has commenced, unless such criteria were clearly stipulated in the original advertisement.

Headnote:(A) Constitution of India - Articles 14 and 16 - Recruitment - Eligibility criteria - Alteration mid-process - Petitioner’s candidature for Lecturer post rejected on ground of having simultaneous degrees (regular B.Ed. and distance M.Sc.) - Advertisement did not specify prohibition against simultaneous degrees - Courts have consistently held that the 'rules of the game' cannot be changed after the process has commenced - Rejection on a ground not mentioned in the advertisement is arbitrary and illegal.

(B) Academic Qualifications - Simultaneous Degree Programmes - UGC Guidelines (2012 and 2022) permit one regular and one distance/online mode degree - State’s reliance on local University Ordinance 6 to disqualify candidate found unsustainable in light of established UGC norms and silence of advertisement on the issue.

Facts of the case:
The petitioner applied for the post of Lecturer (Mathematics) pursuant to an advertisement issued on 09.03.2019. After qualifying the written exam, her candidature was rejected during document verification on the ground that she possessed two degrees obtained in the same academic year, despite the fact that one was pursued in regular mode and the other via distance education.

Findings of Court:
The court held that the respondents cannot introduce new disqualifications not contemplated by the advertisement after the commencement of the recruitment process. It further observed that pursuing one regular and one distance degree is permitted under UGC guidelines and does not violate any express condition of the original advertisement.

Issues: Whether the rejection of the petitioner’s candidature on the ground of simultaneous degrees is legally sustainable when such a restriction was not part of the initial recruitment advertisement.

Ratio Decidendi: The court followed the principle that recruitment rules cannot be altered post-facto and that disqualification based on criteria not stated in the recruitment criteria constitutes a violation of the guarantee of equal opportunity in public employment.

Result: Writ petition allowed; respondents directed to reconsider candidature.

Table of Content
1. challenge to disqualification due to simultaneous academic degrees. (Para 1 , 2 , 3)
2. state's justification based on university ordinances and gazette notifications. (Para 4 , 5 , 6)
3. impermissibility of changing recruitment rules post-advertisement. (Para 7 , 8 , 9 , 10 , 11 , 12)
4. court’s mandate for reconsideration of candidature. (Para 13 , 14 , 15 , 16)

NAFR

(Cause Title is taken from CIS System)

Hon’ble Mr. Justice Rakesh Mohan Pandey

Order on Board

(27.3.2026)

1. By way of this petition, petitioner has challenged rejection order issued by the Joint Director, Directorate of Public Instruction, whereby her candidature for appointment to the posts of Lecturer has been rejected on the singular ground that she obtained two degrees simultaneously in the same academic year, typically a combination of B.Ed. in regular mode and a postgraduate degree (M.Sc.) in open or distance mode. Despite the petitioner having successfully cleared the written examination and having been called for document verification, her name were excluded from the provisional selection lists or was shown as ineligible in the list of disqualified candidates. The rejection order relies on the reasoning that “two degrees cannot be pursued in one academic session,” even though the University Grants Commission, through its notification dated 28.12.2012 and the 2022 Guidelines titled “Guidelines for Pursuing Two Academic Programmes Simultaneously,” expressly permits students to pursue one regular degree along with one additional degree through open/distance mode, whether from the same or a different university. The petitioner assert that she acquired the qualifications strictly in accordance with UGC norms and other regulatory guidelines, and further point out that similarly situated candidates in the Panchayat & Rural Development Department have been granted appointments despite holding simultaneous dual degrees, making the rejection of their candidature discriminatory and arbitrary. The petitioner has approached this Court seeking quashment of the impugned order and a direction to consider her candidature for appointment in accordance with law.

2. The brief facts of the case, are that the respondent–School Education Department issued an advertisement dated 09.03.2019 inviting applications for recruitment to various teaching posts, including 270 posts of Lecturer (Mathematics) under the E-Cadre and 400 posts of Lecturer (Mathematics) under the T-Cadre. As per the said advertisement, the minimum educational qualification prescribed for the post of Lecturer (Mathematics) was a Post Graduation degree in Mathematics along with a Bachelor of Education (B.Ed.) degree. The petitioner, possessing all requisite qualifications, duly submitted his application for the post of Lecturer (Mathematics) under both E-Cadre and T-Cadre. Upon scrutiny of his application, the respondents issued an admit card permitting the petitioner to appear in the written examination. The petitioner appeared in the examination and successfully qualified, demonstrating his merit and eligibility. Upon qualifying the written examination, the petitioner was called for document verification. The Deputy Director, Public Instruction Division, Raipur issued a letter dated 05.05.2022 directing the petitioner to appear for verification of documents on 22.01.2022 along with all original educational testimonials. During the document verification held on 19.05.2022, the verification committee orally informed the petitioner that his candidature was liable to be rejected on the ground that his mark-sheets for B.Ed. and M.Sc. (Mathematics) appeared to relate to the same academic year. Subsequently, the respondents issued the impugned rejection order dated 22.07.2022, formally rejecting the petitioner's candidature on the same ground. The petitioner has duly completed his Bachelor of Education (B.Ed.) through regular mode from Pt. Ravishankar Shukla University, Raipur, passing the First Year

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