The Bench allowed the writ petition, holding that the petitioner is not ineligible for teacher recruitment on the ground of having obtained the degree and diploma in the same academic session, following a recent decision for similar candidates.
Petitioner declared not ineligible for recruitment; to be considered for the post in accordance with merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (S) No. 783 of 2021
1. Lakhan Lal S/o Shri Ramsai Patel Aged About 27 Years R/o Village Sindhouri Khurd and Post Barna, Tahsil Kurud, District Dhamtari Chhattisgarh.
Versus
1. State of Chhattisgarh Through The Secretary, School Education Department Ministry, Mahanadi Bhawan, P.O. and P.S. Rakhi, Nawa Raipur, District Raipur Chhattisgarh.
2. Director Directorate Of Public Instruction Raipur, District Raipur Chhattisgarh.
3. Joint Director Department Of Higher Education Mantralaya, Mahanadi Bhawan, Nawa Raipur District Raipur Chhattisgarh.
---Respondents
| For Petitioner : |
Shri Ishan Verma, Advocate. |
|---|---|
| For Respondent State : |
Ms. Akanksha Jain,Dy. Govt. Advocate. |
Hon'ble Shri Justice P. Sam Koshy Order on Board
09.03.2021
1. Learned Counsels appearing for either side submit that the issue involved in the instant case stands covered by a bunch of Writ Petitions disposed of by this Court on 1.3.2021, i.e., WPS No. 5157/2020 (Manoj Kumar Vs. State of Chhattisgarh & Others) and other connected matters.
2. It is case where the Petitioner was declared ineligible for participation in the recruitment process for the post of Teacher on the ground that the Petitioner had obtained the degree and diploma in the same academic session. On 1.3.2021, when the aforesaid bunch of Writ Petitions was came up for hearing, learned Counsel for Petitioner had produced an order of the Directorate, Public Instructions, dated 5.2.2021, wherein the Directorate, Public Instructions has granted approval on a decision to permit the candidates who have done their degree and diploma in the same academic session and that those candidates who have done their
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degree and diploma in the same academic session would not be treated as ineligible for the said recruitment process.
3. Given the said development and on the basis of the bunch of Writ Petitions that was disposed of by this Court on 1.3.2021, i.e., WPS No. 5157/2020 (Manoj Kumar Vs. State of Chhattisgarh & Others) and other connected matters, the present case also being identical stands disposed of in similar terms to the extent that in the light of the decision of the Directorate of Public Instructions, dated 5.2.2021, the Petitioner shall not be treated as ineligible for the said recruitment process and he shall be considered for the said post in accordance to his own merits other than the said factor of having done the degree and diploma in the same academic session.
4. Writ Petition thus allowed and is disposed of accordingly.
Sd/(P. Sam Koshy) Judge
inder
3 issues framed by the court
Whether the petitioner can be declared ineligible for teacher recruitment due to obtaining degree and diploma in the same academic session.
Whether the petitioner should be considered for the post based on merits despite the initial ineligibility determination.
Whether decisions in connected writ petitions dispose of the present identical case.
Colour shows how this judgement treated each authority
Manoj Kumar Vs. State of Chhattisgarh & OthersFollowed¶15
WPS No. 5157/2020 (Manoj Kumar Vs. State of Chhattisgarh & Others)
Lakhan Lal S/o Shri Ramsai Patel
State of Chhattisgarh Through The Secretary, School Education Department
Director Directorate Of Public Instruction Raipur
Joint Director Department Of Higher Education
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
