IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Payal – Appellant
Versus
Chhattisgarh Vyavasayik Pariksha Mandal (Cgvyapam) – Respondent
WPC No. 2098 of 2026
| Table of Content |
|---|
| 1. petitioner's request to correct a clerical error in category selection for tet-2026. (Para 1 , 2) |
| 2. competing arguments on the nature of eligibility tests versus the binding nature of precedents. (Para 3 , 4) |
| 3. the sanctity of the selection process precludes post-result category changes. (Para 5 , 6 , 7 , 8) |
| 4. dismissal of the petition based on established division bench precedent. (Para 9) |
Order on Board
Hon’ble Mr. Justice Amitendra Kishore Prasad
1. By way of this petition, the petitioner has prayed for following reliefs:-
“10.1 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of Mandamus directing the Respondent to consider the representation of the Petitioner and correct her category from OBC (Creamy Layer) to OBC (Non-Creamy Layer) in the records of TET-2026.
10.2 That, this Hon'ble Court may kindly be pleased to direct the Respondent to issue a fresh/revised Eligibility Certificate for TET-2026 in favor of the Petitioner declaring her "ELIGIBLE" based on her actual category OBC (Non Creamy Layer) and marks obtained.
10.3 That, any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case.”
2. Brief facts of the case, is that, the respondent, Chhattisgarh Vyavasayik Pariksha Mandal, Raipur, issued a notification for the Teacher Eligibility Test, 2026 (TET-2026) inviting online applications, wherein the total marks were 150 and candidates belonging to the Other Backward Class (Non-Creamy Layer) were required to secure at least 50% marks to qualify; that the petitioner belongs to the OBC (Non-Creamy Layer) category and holds a valid Permanent Social Status Certificate issued by the competent authority (Annexure P/1); that while submitting the online application form, due to a bona fide and inadvertent error, the petitioner mistakenly selected her category as OBC Creamy Layer instead of OBC Non-Creamy Layer; that the petitioner appeared in the examination and secured more than 50% marks, i.e., 80 out of 150, however, she was declared “Not Eligible” on account of being treated as an OBC Creamy Layer candidate. That upon learning of the error, the petitioner submitted a representation dated 24.03.2026 seeking correction of her category status, but no action has been taken by the respondent authorities, thereby compelling the petitioner to approach this Hon’ble Court.
3. Learned counsel for the petitioner submits that the error committed by the petitioner in selecting the incorrect category in the online application form is purely a bona fide and inadvertent clerical mistake without any mala fide intention to gain undue advantage, particularly when the petitioner possesses a valid certificate establishing her status as OBC (Non-Creamy Layer). It is further submitted that the Chhattisgarh Teacher Eligibility Test is merely an eligibility examination and not a competitive recruitment process, and therefore, correction of such an error would not prejudice the rights of any other candidate. It is contended that the petitioner has secured 80 marks, which is well above the qualifying threshold prescribed for OBC (Non-Creamy Layer) candidates, and denial of eligibility solely on account of a technical mistake is arbitrary and violative of Articles 14 and 16 of the Constitution of India; reliance is placed on the judgment of this Hon’ble Court in WPC No. 5679/2024 ( Kavita Rathore vs. CG Vyapam ), decided on 18.11.2024, wherein it has been held that minor rectifications in application forms in eligibility examinations ought to be permitted to safeguard the future prospects of candidates; it is further submitted that the inaction of the respondent authorities in not considering the petitioner’s representation dated 24.03.2026 is arbitrary, unreasonable, and contrary to the principles of natural justice, and therefore, the petitioner is entitled to appropriate relief from this Hon
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