Smt. Tikeshwari Vs State of Chhattisgarh

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2024:CGHC:36455

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 2525 of 2021

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1 - Ambika Sidar D/o Shri Laxmi Narayan Sidar Aged About 27 Years R/o 105, Gopalpur, Koriadadar, Boirdadar,gopalpur, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

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---- Petitioner

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versus

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1 - State Of Chhattisgarh Through Its Principal Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan , Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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2 - Director Directorate Of Public Instruction, Department Of School Education, Indrawati Bhawan, Block- C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur, Chhattisgarh.

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3 - Joint Director Directorate Of Public Instruction, Department Of School Education, Indrawati Bhawan, Block- C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur, Chhattisgarh.

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4 - Chhattisgarh Professional Examination Board Through Its Secretary, Shailendra Nagar, Raipur, Chhattisgarh.

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5 - District Education Officer District- Janjgir- Champa, Chhattisgarh.

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---- Respondents

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WPS No. 4987 of 2021

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1 - Narendra Kumar S/o Late Shriparas Ram Barle, Aged About 33 Years R/o Ward No. 07, Village Tavera, Tehsil Gunderdehi, Balod District Balod Chhattisgarh, District : Balod, Chhattisgarh

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Versus

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1 - State Of Chhattisgarh. Through Its Principal Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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2 - Director, Directorate Of Public Instruction, Department Of School Education, Indrawati Bhawan, Block-C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur Chhattisgarh

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3 - Joint Director, Directorate Of Public Instruction, Department Of School Education Indrawati Bhawan, Block-C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur Chhattisgarh.

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4 - Chhattisgarh Professional Examination Board, Through, Its Secretary, Shailendra Nagar, Raipur Chhattisgarh

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5 - District Education Officer, Balod District - Balod Chhattisgarh.

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---- Respondents

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WPS No. 974 of 2022

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1 - Ishwari Lal Verma S/o Shri Kumbh Lal Verma, Aged About 34 Years R/o House No. 171, Ward No. 14, Village Khairjhiti, Post Dumardihkhurd, Rajnandgaon, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh

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---- Petitioner

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Versus

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1 - State Of Chhattisgarh Through Its Principal Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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2 - Director, Directorate Of Public Instruction, Department Of School Education, Indrawati Bhawan, Block-C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur Chhattisgarh

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3 - Joint Director, Directorate Of Public Instruction, Department Of School Education Indrawati Bhawan, Block C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur Chhattisgarh

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4 - District Education Officer, Rajnandgaon, District Rajnandgaon Chhattisgarh

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5 - The Chairperson, National Council For Teacher Education, G-7, Sector 1, Dwarka, Near Metro Station, New Delhi- 110075

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---- Respondent

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WPS No. 4190 of 2022

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1 - Roshan Kumar Jatwar S/o Ghanshyam Jatwar Aged About 36 Years R/o Ramnagar, Jp Colony, S.E.C.L. Korba, District Korba Chhattisgarh.

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---- Petitioner

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Versus

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1 - State Of Chhattisgarh Through The Secretary, School Education Departmetn Mahanadi Bhawan, Mantralaya, Nawa Raipur Chhattisgarh.

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2 - The Director, Directorate Of Public Instructions, Atal Nagar, New Raipur Chhattisgarh.

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3 - The District Education Officer, Raipur District Raipur Chhattisgarh.

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---- Respondent

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WPS No. 2457 of 2022

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1 - Ajay Kumar Nishad S/o Faguram Nishad, Aged About 40 Years R/o Subhash Nagar, Gond Para, Near Sai Mandir, Bilaspur, Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

---- Petitioner

Versus

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1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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2 - The Director, Directorate Of Public Instructions, Atal Nagar, New Raipur Chhattisgarh

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3 - The District Education Officer, Gariyaband, District Gariyaband Chhattisgarh

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---- Respondent

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WPS No. 618 of 2022

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1 - Kaushal Prasad Bhardwaj S/o Shyamlal Bhardwaj, Aged About 36 Years R/o Ambedkar Chowk, Dahida, Tahsil Sarangarh, District Raigarh (Chhattisgarh), District : Raigarh, Chhattisgarh

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---- Petitioner

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Versus

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1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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2 - The Director, Directorate Of Public Instructions, Atal Nagar, New Raipur Chhattisgarh

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3 - The District Education Officer, Bemetara, District Bemetara Chhattisgarh

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---- Respondent

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WPS No. 1939 of 2022

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1 - Smt. Chandrika Sinha W/o Shri Harish Chandra Sinha Aged About 34 Years R/o House No. 47, Bathena Para, Ward No. 6, Dhamtari District Dhamtari Chhattisgarh.

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---- Petitioner

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Versus

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1 - State Of Chhattisgarh Through Its Principal Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

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2 - Director, Directorate Of Public Instruction, Department Of School Education, Indrawati Bhawan, Block-C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur Chhattisgarh.

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3 - Joint Director, Directorate Of Public Instruction, Department Of School Education Indrawati Bhawan, Block -C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur Chhattisgarh.

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4 - District Education Officer, Composite Building, 2nd Floor, Near Collectorate Campus, Dhamtari District Dhamtari Chhattisgarh.

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WPS No. 2072 of 2023

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1 - Smt. Hemlata Sarthi W/o Tekram Sarthi Aged About 38 Years R/o Kabir Chowk, Gandhinagar, Ward No. 33, Raigarh, Tahsil And District - Raigarh Chhattisgarh

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Versus

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1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur Chhattisgarh

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2 - The Director Directorate Of Public Instructions, Atal Nagar, New Raipur Chhattisgarh

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3 - The District Education Officer Raipur, District - Raipur Chhattisgarh

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WPS No. 621 of 2022

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1 - Smt. Tikeshwari W/o Dron Kumar Mandle Aged About 34 Years R/o Virat Nagar, Dumardih, Post Patora, Police Station Utai, District Durg, Chhattisgarh., District : Durg, Chhattisgarh

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Versus

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1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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2 - The Director Directorate Of Public Instructions, Atal Nagar, New Raipur, Chhattisgarh.

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3 - The District Education Officer Bemetara, District Bemetara, Chhattisgarh.

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---- Respondent

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WPS No. 4166 of 2022

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1 - Vimal Kumar Nag S/o Shri Dhai Ram Nag Aged About 32 Years R/o House No. 124, Ward No. 09, Bodra, Farsia, Dhamtari District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh

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---- Petitioner

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Versus

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1 - State Of Chhattisgarh Through Its Principal Secretary Department Of School Education Mantralaya , Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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2 - Director Directorate Of Public Instruction Department Of School Education, Indrawati Bhawan, Block C, 1st Floor Atal Nagar, Nawa Raipur, Raipur Chhattisgarh.

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3 - Joint Director Directorate Of Public Instruction, Department Of School Education Indrawati Bhawan, Block C, 1st Floor, Atal Nagar, Nawa Raipur, Raipur Chhattisgarh.

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4 - District Education Officer Raipur, District Raipur Chhattisgarh.

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		----Respondents
For Petitioners	:	Shri R.K.Kesharwani, Shri Harish Khuntiya and Shri Ajay Kumrani,Advocates
For Respondent/State For Respondent No.4	: :	Shri S.P.Kale, Addl. Adv. Gen. Ms. Shriyadeep Gupta, Advocate on behalf of Shri Animesh Tiwari,Advocate

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({Hon’ble Shri Justice Sachin Singh Rajput})

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Order on Board

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18/09/2024

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As identical issue is raised in all the above petitions, they are being heard and decided by this common order.

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The petitioners in these petitions are claiming 5% relaxation in the qualifying marks in their academic qualification which has been denied by the District Education Officer, Raipur on different dates.

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Learned counsel for the petitioners submit that the issue involved in these petitions is no longer res integra. The Division Bench of this Court has already decided the issue with regard to entitlement of relaxation in Writ Appeal No.501 of 2022 and other connected matters vide judgment and order dated 10/02/2023. The Division Bench in paragraphs 50 and 51 held as under -

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“50. It is seen that a teacher of Panchayat Teacher Rules, 2012 and of Nagriya Nikay Teacher Rules, 2013, after completion of eight years of service, can also become a member of service under the Rules of 2019 through absorption. It is already noticed that under Panchayat Teacher Rules, 2012 as well as Nagriya Nikay Teacher Rules, 2013, relaxation of 5% in the qualification marks are given to the candidates belonging to reserved categories such as SC/ST/OBC/PH. Since there is reference to RTE Act, necessarily, the Rules of 2019 takes within its fold the minimum qualification as prescribed by NCTE.

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51. In view of the above discussion, the order of the learned Single Judge is set aside. The writ appeals are allowed holding that the SC/ST/OBC candidates are entitled to 5% relaxation in their academic qualifications and such of the writ petitioners who would consequently fulfill the minimum qualification shall be entitled to be appointed pursuant to the advertisement dated 09.03.2019.”

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It has been further argued that recently, the Division Bench has allowed W.A.No.191/2023 vide judgment dated 21/04/2023 relying upon the judgment

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passed in W.A. No.501 / 2022. Learned counsel for the petitioners submit that these petitions may be disposed off in the light of judgment passed by the Division Bench of this Court in W.A. No.501/2022 and other connected matters.

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Learned State counsel would oppose the submissions made by learned counsel for the petitioners. They would submit that the benefit of relaxation can be given prospectively but not retrospectively.

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I have heard learned counsel for the parties and perused the record.

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Considering the fact that the issue has already been decided by the Division Bench in W.A.No.501 of 2022 and other connected matters where in the last paragraph, the Hon’ble Division Bench has observed that the petitioners would be entitled to be appointed pursuant to the advertisement dated 9.3.2019 and it has been given retrospective effect. Therefore, in the light of the judgment passed by the Hon’ble Division Bench of this Court, these petitions are allowed and the order passed by the concerned District Education Officer (Annexure-P/1) whereby the candidature of the petitioners were rejected, are hereby set aside holding that the SC/ST/OBC candidates are entitled to 5% relaxation in their academic qualifications and such of the writ petitioners who would consequently fulfill the minimum qualification shall be entitled to be appointed pursuant to the advertisement dated 09.03.2019.

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At this stage, Shri R.K.Kesharwani, counsel appearing in WPS No.1939/2022 submits that the petitioner was initially appointed in lieu of advertisement dated 09/03/2019, however, subsequently his appointment order was cancelled. Therefore, he is entitled for back wages also.

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The issue of back wages, if any, shall be considered by the respondent authorities if the petitioner makes a representation in this regard to the competent authority.

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Deepti

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Digitally signed by DEEPTI DEEPTI HARIKUMAR HARIKUMAR Date: 2024.09.19 15:36:28 +0530

Smt. Tikeshwari v. State of Chhattisgarh

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Smt. Tikeshwari v. State of Chhattisgarh

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