In this writ petition, petitioner challenged ineligibility for a teacher recruitment post due to completing degree and diploma in the same session. High Court allowed petition, relying on a precedent and a Directorate order permitting such candidates, directing petitioner to be considered on 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 WPS NO. 885 OF 2021
Mukesh Kumar Choudhary, S/o Shri Banshilal Choudhary, aged about 28 years, R/o Village Kurmajhar, Post Nagarda, District Balodabazar (CG)
... Petitioner
versus
| … Respondents |
||
|---|---|---|
| For Petitioner | : | Mr. Ishan Verma, Advocate. |
| For Respondents | : | Mr. Sudeep Verma, Dy. G.A. |
Hon'ble Shri Justice P. Sam Koshy Order on Board
03 /03/2021
1. Learned Counsel for Petitioner submits that t he default pointed out by the Registry of this Court in the instant case has since been cured by filing a fresh affidavit.
2. With the consent of learned Counsels appearing for the respective parties, heard the matter finally at admission stage itself.
3. 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.
4. 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 Petition 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 degree and diploma in the same academic session would not be treated as ineligible for the said recruitment process.
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5. 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.
6. Writ Petition thus allowed and is disposed of accordingly.
Sd/- (P. Sam Koshy) JUDGE
/sharad/
1 issue framed by the court
Whether the petitioner should be treated as ineligible for recruitment due to completing degree and diploma in the same academic session in light of a recent Directorate order.
Colour shows how this judgement treated each authority
Manoj Kumar Vs. State of Chhattisgarh & OthersRelied on¶15
WPS No. 5157/2020 (Manoj Kumar Vs. State of Chhattisgarh & Others)
Mukesh Kumar Choudhary
State of Chhattisgarh
Director, Directorate of Public Instructions, Raipur
Joint Director, Department of Higher Education, Raipur
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
