Allowed¶64

Balaram v. State of Chhattisgarh

Chhattisgarh HC22 Mar 2026WPS/2204/2022

Case brief

AI extract

What is this about?

WPS No. 2204 of 2022; Chhattisgarh High Court Bilaspur; Justice Rakesh Mohan Pandey; order dated 23.03.2026; Assistant Teacher recruitment; advertisement dated 09.03.2019; rejection order dated 04.04.2022 by D.E.O. Gariyaband; B.Ed and T.E.T. mandatory qualification; relaxation Notification dated 10.01.2013; School Education Department; Governor's power under Schedule V of the Constitution of India; scheduled area candidates; Gariyaband; candidature rejection quashed (Annexure R/2); consideration for appointment within 120 days; petition allowed; NAFR.

What did the court decide?

Petition allowed; order dated 04.04.2022 (Annexure R/2) quashed; respondent authorities at liberty to consider the petitioners for appointment, with an appropriate decision expected within 120 days from receipt of a copy of the order. ¶64

Balaram Vs State of Chhattisgarh — Chhattisgarh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶64

Issue for consideration

Whether the rejection of the petitioners' candidatures for the posts of Assistant Teacher for want of B.Ed. and T.E.T. certificates was valid, despite the Notification dated 10.01.2013 by which the requirement was relaxed for candidates residing in scheduled areas under Schedule V of the Constitution of India.

¶62

Court's answer

Although the advertisement made B.Ed. and T.E.T. a mandatory qualification for the posts of Teacher and Assistant Teacher, the respondent authorities ignored the Notification issued by the State of Chhattisgarh, School Education Department dated 10.01.2013.

¶62

Ratio / Principle

By the Notification dated 10.01.2013, the requirement of D.Ed./B.Ed./T.E.T. was relaxed by the Governor in exercise of power conferred under Schedule V of the Constitution of India.

¶62

Key takeaways

Taking into consideration the Notification dated 10.01.2013, the order dated 04.04.2022 (Annexure R/2) pertaining to the petitioners is quashed.ratio¶63
The respondent authorities are at liberty to consider the names of the petitioners for appointment, and an appropriate decision is expected within 120 days from receipt of a copy of the order.ratio¶63

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (single Judge, Rakesh Mohan Pandey, J.; order dated 23.03.2026) allowed WPS No. 2204 of 2022 filed by 32 candidates of district Gariyaband whose candidatures for the posts of Assistant Teacher/Assistant Teacher (Lab), pursuant to advertisement dated 09.03.2019, had been rejected by order dated 04.04.2022 of the D.E.O., Gariyaband for want of B.Ed. and T.E.T. certificates. The Court held that although the advertisement made B.Ed. and T.E.T. mandatory, the respondent authorities ignored the Notification dated 10.01.2013 issued by the State School Education Department, whereby the D.Ed./B.Ed./T.E.T. requirement was relaxed by the Governor exercising powers under Schedule V of the Constitution of India. The rejection order (Annexure R/2) was quashed; the respondents were left at liberty to consider the petitioners for appointment, with a decision expected within 120 days.

2026:CGHC:13639

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPS No. 2204 of 2022

¶6

1 - Balaram S/o Chaman Singh, Aged About 30 Years By Caste Bhunjia R/o Village Taleshwar Post Kanesar Tehsil Chhura, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶7

2 - Durga Kamar, S/o Sukul Singh, Aged About 24 Years By Caste Kamar R/o Village Shitlapara Ward No. 4 Chhura Tehsil Chhura, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶8

3 - Santoshi Bhunjia, W/o Chandan Singh, Aged About 25 Years By Caste Bhunjia R/o Village Kergaon Post Peeparchheri Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶9

4 - Vivek Kumar, S/o Ramlal Kamar, Aged About 30 Years By Caste Kamar R/o Village Tauorenga Post Tauorenga Tehsil Mainpur, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶10

5 - Rajendra Kumar, S/o Amar Singh Kamar, Aged About 25 Years By Caste Kamar R/o Village Gaidavari Post Kanesar Tehsil Chhura, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶11

6 - Nehruram Bhunjia, S/o Sadhuram Bhunjia, Aged About 34 Years By Caste Bhunjia, R/o Village Hardi, Post Ghutkunwapara Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶12

7 - Bhuneshwar Kamar, S/o Kalaram Kamar, Aged About 27 Years By Caste Kamar R/o House No. 33 Ward No. 10 Village Devgaon Peeparhatta Tehsil Chhura, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶13

8 - Narendra Bhunjia, S/o Dhir Singh Kamar, Aged About 28 Years By Caste Kamar R/o Village Mouhabhatta Post Peeparchheri Tehsi Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶14

9 - Deepak Kumar, S/o Dyaram, Aged About 27 Years By Caste Kamar R/o Village Urtuli Post Joba, Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶15

-2-

¶16

10 - Ghansuram Bhunjia, S/o Anandram Bhunjia, Aged About 25 Years By Caste Bhunjia R/o Village Potiya Post Madanpur, Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶17

11 - Mahesh Kamar, S/o Fulsingh Kamar, Aged About 29 Years By Caste Kamar R/o Village Bade Gobra, Post Mainpur Tahsil Mainpur, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶18

12 - Shanti Bai, D/o Santosh Kamar, Aged About 29 Years By Caste Kamar R/o Village Vijay Nagar Hardi Post Ghuntkunpara, Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶19

13 - Kishan Kanhaiyar Kamar, S/o Gavarsingh Kamar, Aged About 29 Years R/o Gavarsingh Kamar, By Caste Kamar R/o House No. 33 Ward No. 10 Village Hansauda Post Khursipara Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶20

14 - Rekhram, S/o Mannuram Aged About 30 Years By Caste Kamar R/o Village Aamjhar Post Sadakparsuli Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶21

15 - Minakshi Bhunjia, W/o Ishwar Lal, Aged About 25 Years By Caste Bhunjia R/o Village Kosambura Post Barula, Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶22

16 - Motin Bai Netam, W/o Anandram, Aged About 28 Years By Caste Bhunjia, R/o Ward No. 08, Schoolpara Village Lohari Post Tewari Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶23

17 - Umesh Kumar Kamar, S/o Amar Singh Kamar, Aged About 27 Years By Caste Kamar R/o Village Gaydavari Post Kanesar Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶24

18 - Devlal Sori, S/o Son Sai Kamar, Aged About 30 Years By Caste Kamar R/o Village Boirgaon Post Mainpur Tehsil Mainpur, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶25

19 - Dhananjay Kumar, S/o Ramswarup Kamar, Aged About 24 Years By Caste Kamar R/o Village Ghatkarra Post Pond Tehsil Chhura, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶26

20 - Sunita Bai Kamar W/o Devlal Sori, Aged About 25 Years By Caste Kamar R/o Village Boirgaon Post Mainpur Tehsil Mainpur, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶27

21 - Karuna Netam, D/o Mitthal Netam, Aged About 24 Years By Caste Kamar R/o Village Pairi Colony Gariyaband Post Gariyaband Tehsil Gariyaband District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh

¶28

¶29

22 - Ishwar Netam, S/o Rajman Netam, Aged About 46 Years By Caste Kamar R/o Village Beharadih Post Mainpur Tehsil Mainpur, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶30

23 - Shiv Charan Netam, S/o Brijlal Netam, Aged About 28 Years By Caste Kamar R/o Village Tourenga Post Taurenga Tehsil Mainpur, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶31

24 - Johatram Sori, S/o Ram Singh, Aged About 30 Years By Caste Kamar R/o Village Ward No. 17 Baghdavra Post Brindanwagarh Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶32

25 - Ram Krishna, S/o Punitram Kamar, Aged About 30 Years By Caste Kamar, R/o Village Rakadadar Post Mainpur-02 Tehsil Mainpur, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶33

26 - Dhalvar Singh Netam, S/o Ramprasad Netam, Aged About 26 Years By Caste Kamar R/o Village Dhurvagudhi, Post Dhurvagudhi Tehsil Mainpur, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶34

27 - Kuleshwar Netam, S/o Tijuram (Kumar) Netam, Aged About 26 Years By Caste Kamar R/o Village Phuljhari Post Loharshi Tehsil Chhura, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶35

28 - Suresh Netam, S/o Dayaram Netam, Aged About 31 Years By Caste Kamar R/o Village Pattharri Post Mainpur Tehsil Mainpur, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶36

29 - Nirmala Netam, D/o Siyaram Netam, Aged About 26 Years By Caste Kamar R/o Village Mohabhatta Post Peeparchheri Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶37

30 - Shankarlal, S/o Patiram, Aged About 29 Years By Caste Kamar R/o Village Mohnada Post Dhawalpur Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶38

31 - Ramcharan Kamar, S/o Patiram, Aged About 27 Years By Caste Kamar R/o Village Patharri Post Jamgaon Tehsil Fingeshwar, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶39

32 - Dharima Kamar, D/o Kalaram Kamar, Aged About 30 Years By Caste Kamar R/o Village Mohatara Post Atarmara Tehsil Gariyaband, District Gariyaband (Chhattisgarh), District : Gariyabandh, Chhattisgarh

¶40

... Petitioner(s)

¶41

versus

¶42

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

¶43

-4-

¶44

Raipur Chhattisgarh, District : Raipur, Chhattisgarh

¶45

2 - The Director Of Public Education Directorate Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

¶46

3 - The Collector Gariyaband District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh

¶47

4 - The District Education Officer, Gariyaband, District Gariyaband Chhattisgarh, District : Gariyabandh, Chhattisgarh --- Respondents

¶48

For petitioners : Mr. Ravikar Patel, Advocate For State : Mr. Suyash Dhar Badgaiyan, G.A.

¶49

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

¶50

23.03.2026

¶51

The petitioners have filed this petition seeking following relief (s) :

¶52

“10.1 That, the Hon'ble Court may kindly be pleased to call for the records pertaining to recruitment of teacher related to advertisement dated 09/03/2019 from the respondents for kind perusal of the Hon' ble Court.

¶53

10.2. That, the Hon' ble Court may kindly be pleased to direct the respondents to take decision in the favor of the petitioner as eligible candidate and accordingly issue appointment order.

¶54

10.3. Any other relief which the Hon'ble Court may deem fit in the interest of justice.

¶55

10.4 That, the Hon'ble Court may kindly be pleased to quash or set-aside the order dated 04/04/2022 which was passed by D.E.O. Gariyaband and kindly issue direction for the respondent authorities to consider petitioners eligible candidates for the post of Assistant Teacher under the notification dated 10.01.2013.”

¶56

Mr. Patel, learned counsel appearing for the petitioners would submit that the petitioners participated in the recruitment process for the posts of Assistant Teacher in various streams pursuant to

¶57

¶58

advertisement issued on 09.03.2019. He would further submit that the petitioners being residents of Gariyaband submitted their application forms for the posts of Assistant Teacher and Assistant Teacher (Lab). He would contend that the candidatures of the petitioners were rejected on the ground that they did not have B.Ed. and T.E.T. certificate. He would further contend that the State of Chhattisgarh, School Education Department issued a Notification dated 10.01.2013 whereby the requirement of B.Ed and T.ET. certificate was relaxed by the Governor exercising power of Schedule V of the Constitution of India for the candidates residing in scheduled area. He would further contend that admittedly the petitioners are residents of scheduled area, therefore, condition imposed in the advertisement to submit B.Ed. and T.E.T. certificate was illegal and contrary to the provisions of Schedule V of the Constitution of India. He would pray to quash the order dated 04.04.2022 issued by the District Education Department of District Gariyaband (C.G.) pertaining to the petitioners whereby candidatures of the petitioners were rejected.

¶59

On the other hand, Mr. Badgaiyan, learned Government Advocate appearing for the State would oppose submissions. He would submit that the candidatures of the petitioners were rejected as they did not have requisite qualification of B.Ed and T.E.T. He would further submit that the decision was taken by the respondent authorities strictly in accordance with the recruitment rules and conditions prescribed in the advertisement. He would submit that the petition deserves to be dismissed.

¶60

-6-

¶61

Heard the learned counsel appearing for the parties and perused the documents placed on record.

¶62

According to the advertisement, qualification of B.Ed and T.E.T. was mandatory requirement for the posts of Teacher and Assistant Teacher but at the same time, the respondent authorities ignored the Notification issued by the State of Chhattisgarh, School Education Department dated 10.01.2013, whereby, the requirement of D.ED/B.ED/T.E.T. was relaxed by the Governor in exercise of power conferred under Schedule V of the Constitution of India.

¶63

Taking into consideration the above-discussed facts, particularly, the Notification issued by the State Government dated 10.01.2013, the order dated 04.04.2022 Annexure R/2 pertaining to the petitioners is hereby quashed . The respondent authorities would be at liberty to consider the names of the petitioners for appointment. It is expected that appropriate decision shall be taken with a period of 120 days from the date of receipt of a copy of this order.

¶64

In view of the above, the present petition is allowed .

¶65

sd/-

¶66

(Rakesh Mohan Pandey) Judge

¶67

Rekha

Parties & counsel

AI extract

petitioner
Balaram S/o Chaman Singh¶6
Ravikar Patel
petitioner
Durga Kamar, S/o Sukul Singh¶7
Ravikar Patel
petitioner
Santoshi Bhunjia, W/o Chandan Singh¶8
Ravikar Patel
petitioner
Vivek Kumar, S/o Ramlal Kamar¶9
Ravikar Patel
petitioner
Rajendra Kumar, S/o Amar Singh Kamar¶10
Ravikar Patel
petitioner
Nehruram Bhunjia, S/o Sadhuram Bhunjia¶11
Ravikar Patel
petitioner
Bhuneshwar Kamar, S/o Kalaram Kamar¶12
Ravikar Patel
petitioner
Narendra Bhunjia, S/o Dhir Singh Kamar¶13
Ravikar Patel
petitioner
Deepak Kumar, S/o Dyaram¶14
Ravikar Patel
petitioner
Ghansuram Bhunjia, S/o Anandram Bhunjia¶16
Ravikar Patel
petitioner
Mahesh Kamar, S/o Fulsingh Kamar¶17
Ravikar Patel
petitioner
Shanti Bai, D/o Santosh Kamar¶18
Ravikar Patel
petitioner
Kishan Kanhaiyar Kamar, S/o Gavarsingh Kamar¶19
Ravikar Patel
petitioner
Rekhram, S/o Mannuram¶20
Ravikar Patel
petitioner
Minakshi Bhunjia, W/o Ishwar Lal¶21
Ravikar Patel
petitioner
Motin Bai Netam, W/o Anandram¶22
Ravikar Patel
petitioner
Umesh Kumar Kamar, S/o Amar Singh Kamar¶23
Ravikar Patel
petitioner
Devlal Sori, S/o Son Sai Kamar¶24
Ravikar Patel
petitioner
Dhananjay Kumar, S/o Ramswarup Kamar¶25
Ravikar Patel
petitioner
Sunita Bai Kamar W/o Devlal Sori¶26
Ravikar Patel
petitioner
Karuna Netam, D/o Mitthal Netam¶27
Ravikar Patel
petitioner
Ishwar Netam, S/o Rajman Netam¶29
Ravikar Patel
petitioner
Shiv Charan Netam, S/o Brijlal Netam¶30
Ravikar Patel
petitioner
Johatram Sori, S/o Ram Singh¶31
Ravikar Patel
petitioner
Ram Krishna, S/o Punitram Kamar¶32
Ravikar Patel
petitioner
Dhalvar Singh Netam, S/o Ramprasad Netam¶33
Ravikar Patel
petitioner
Kuleshwar Netam, S/o Tijuram (Kumar) Netam¶34
Ravikar Patel
petitioner
Suresh Netam, S/o Dayaram Netam¶35
Ravikar Patel
petitioner
Nirmala Netam, D/o Siyaram Netam¶36
Ravikar Patel
petitioner
Shankarlal, S/o Patiram¶37
Ravikar Patel
petitioner
Ramcharan Kamar, S/o Patiram¶38
Ravikar Patel
petitioner
Dharima Kamar, D/o Kalaram Kamar¶39
Ravikar Patel
respondent
State Of Chhattisgarh Through The Secretary, Department Of School Education¶42
Suyash Dhar Badgaiyan
respondent
The Director Of Public Education Directorate Raipur¶45
Suyash Dhar Badgaiyan
respondent
The Collector Gariyaband¶46
Suyash Dhar Badgaiyan
respondent
The District Education Officer, Gariyaband¶47
Suyash Dhar Badgaiyan

Coram

AI extract

Hon'ble Shri Justice Rakesh Mohan Pandeyauthor¶49

Balaram v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Balaram v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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