Order on Board

1. The petitioner has filed this petition seeking the following relief(s):-

“10.1 That, this Hon'ble Court may be pleased to call for the entire records of the case for its kind perusal.

10.2. That, the Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and be pleased to quash the impugned order/communication dated 31.05.2022 passed by the respondent No. 4 (Annexure P/1).

10.2. That, the Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and be pleased to direct the respondent authorities to consider the case of the petitioner for appointment on the Post of Assistant Teacher (Science) by including her name in the next list of document verification.

10.3. That, any other relief(s) which the Hon'ble Court deems fit & proper may kindly be granted in favour of the petitioner.”

2. Brief facts of the present case, are that the petitioner applied for the post of Assistant Teacher (Science) pursuant to the advertisement dated 09.03.2019 issued for filling up vacant posts of Teachers, Lecturers, Assistant Teachers and Laboratory Assistants. The petitioner participated in the recruitment process and secured 80.102 marks out of 150 marks. Document verification was scheduled by respondent No.5 on 11.03.2022. However, on the very same date, a communication was made by respondent No.5 and, therefore, the petitioner could not appear before the authority concerned.

3. Ms. Naushina Afrin Ali, learned Senior Advocate appearing for the petitioner would submit that the advertisement did not prescribe any mode of communication regarding the date of counselling or the date of verification of documents. She would draw attention to the circular issued by the State Government dated 15.09.2020, which provides that the selected candidate shall be informed about the date of verification of documents through Registered Post and such communication shall be issued at least 20 days prior to the scheduled date of verification. She would further submit that according to the said circular, a candidate who fails to participate in the document verification/counselling process shall be afforded to make a representation before the authority concerned, which shall be considered by the said authority and a fresh date will be given. She would contend that pursuant to the interim order dated 29.06.2022, one post of Assistant Teacher (Science) T-Cadre, Dhamtari in the OBC category of the concerned district has been kept vacant. It is argued that a representation was made by the petitioner but same has been rejected by the Deputy Director, Public Instruction, vide order dated 31.05.2022, without assigning reasons.

4. Learned Senior Advocate would contend that the date fixed for verification of documents was 11.03.2022 and the notice was also issued on the very same date; thus, the action on the part of respondent No.5 is illegal, arbitrary and contrary to the mandate of the circular dated 15.09.2020; thus, she would pray to allow the petition.

5. On the other hand, learned State Counsel would oppose the submissions made on behalf of the petitioner and submit that information with regard to the selection process was uploaded on the website of the Directorate of Public Instruction, Department of School Education, therefore, the stand taken by the petitioner is misconceived. He would submit that the petitioner ought to have inquired about the date of verification of documents through the said portal.

6. It is also argued that the petitioner ought to have submitted a representation before the respondent authorities for redressal of her grievance instead of directly approaching this Court. An application was moved before respondent No.2 on 06.05.2022, wherein it was stated that due to ill health she could not ascertain the date of verification of documents; thus, stand taken by the petitioner is contradictory to said letter. He would submit that the petiti