SOURABH NISHAD vs STATE OF CHHATTISGARH

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CGHC010329912026 2026:CGHC:38460
NAFR
Digitally
signed by
JYOTI
SHARMA
Date:
2026.09.02
10:51:20
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
JYOTI
SHARMA
WPS No. 6373 of 2026
Sourabh Nishad S/o Shri Mannu Ram Nishad Aged About 32 Years R/o
Gram Sureli, Tehsil Kanker, District Kanker Chhattisgarh
... Petitioner(s)
versus
1. State Of Chhattisgarh Through The Secretary, Govt. Of Chhattisgarh
Department Of School Education, Mahanadi Bhawan, Mantralaya, Nava
Raipur Atal Nagar, District Raipur Chhattisgarh
2. Director Directorate Of Public Instruction, Chhattisgarh, Indravati
Bhawan, Nava Raipur Atal Nagar, District Raipur Chhattisgarh
3. Chhattisgarh Staff Selection Board Through Its Chairman/ Controller,
North Block, Sector 19, Atal Nagar, Nava Raipur Chhattisgarh
... Respondent(s)
(Cause title is taken from Case Information System)
For Petitioner : Mr. Tanuj Patwardhan, Advocate
For Respondent/
State
: Mr. Y.S. Thakur, Addl. A.G. along with Ms.
Apurva Nigam, P.L.
For Respondent
No. 3
: Mr. Anadi Sharma on behalf of Dr. Saurabh
Kumar Pande, Advocate
Hon'ble Shri Bibhu Datta Guru , Judge
Order on Board
31.08.2026
1. The present writ petition has been filed for the following reliefs:-
10.1 This Hon’ble Court may kindly be pleased to call the
record of the care in hand from the respondent(s).
10.2 The Hon'ble Court may kindly be pleased to direct the

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Respondents to permit the Petitioner to submit his online
application for the post of Teacher (Agriculture) pursuant to
the ongoing 2026 recruitment and to accept and process the
provisionally Petitioner's application notwithstanding that the
formal B.Ed. degree has not yet been awarded to him:
10.3 This Hon'ble Court may kindly be pleased further to
direct the Respondents to issue the requisite admit card to
the Applicant and permit him to appear in the written
recruitment examination scheduled for 25.10.2026 and
Direct the Respondents to permit the Petitioner to participate
in the written recruitment examination scheduled pursuant to
the 2026 recruitment process. provisionally and subject to
final verification of his B.Ed. Qualification;
10.4 This Hon'ble Court may kindly be pleased to direct the
Respondents that in the event the recruitment process is
concluded before the Petitioner is able to obtain the formal
B.Ed. degree, the Petitioner be afforded a reasonable period
to complete the B.Ed. course and to produce the requisite
degree/provisional certificate before the competent authority.
10.5 This Hon'ble Court may kindly be pleased further to
direct the Respondents upon such completion and due
verification of the Petitioner's B.Ed. qualification, the
Petitioner's candidature be permitted to continue and be
appoint to the post of Teacher (Agriculture), subject to his

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securing the requisite merit and otherwise fulfilling all
applicable eligibility conditions:
10.6 Any other relief(s)/order(s)/direction(s) in favor of the
Petitioner, which this Hon'ble Court may deem fit and proper
in the facts and circumstances of the case, in the interest of
Justice.
2. Learned counsel for the petitioner submits that the petitioner is a
B.SC (Agriculture) graduate and is presently pursuing B.Ed
degree and seeks permission to participate provisionally in the
recruitment process for Teacher (Agriculture).
3. Learned counsel for the State submits that the issue involved in
this writ petition has already been considered and decided by this
Court vide judgment dated 20.08.2026 passed in WPS No. 6260
of 2026 (Vishnu Ditya & Ors. vs. State of Chhattisgarh) ,
wherein this Court has held as under:-
“6. It is not the case of the petitioners that the
requirement of B.Ed. qualification prescribed for the
post is itself illegal or that the State Government lacks
the authority to prescribe such qualification. Their
grievance is confined to seeking a one-time transitional
relaxation on the ground that they were eligible under
the earlier regime and could not acquire the B.Ed.
qualification within the short period preceding the
present recruitment process.
7. However, once the earlier exemption from the
prescribed qualification has been declared

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unconstitutional and the State Government has been
directed to prescribe B.Ed. qualification in accordance
with the NCTE Regulations, 2014, the petitioners
cannot claim a right to participate in the recruitment
process without possessing the qualification prescribed
under the prevailing Rules. Granting such relaxation by
judicial order would, in effect, amount to creating an
exception to the qualification which has been
prescribed pursuant to the aforesaid order of the
Division Bench.
8. It is the well settled proposition of law that fixing
eligibility criteria, minimum qualifications, and service
rules belongs strictly to the rule-making authority or the
State Government and the Courts cannot substitute
their own views or waive mandatory job criteria to
accommodate individual candidates. Writ jurisdiction
under Article 226 only examines if the decision-making
process is arbitrary, mala fide, or unconstitutional,
rather than relaxing standard qualifications.
9. In view of the aforesaid legal position and
considering the binding nature of the decision rendered
by the Division Bench of this Court in Ashokanand
Patel (Supra) , this Court is not inclined to grant the
one-time transitional relaxation sought by the
petitioners.
10. Accordingly, the writ petition sans merit, deserves
to be and is hereby dismissed at the motion stage
itself.”
4. Learned State counsel further submits that since the facts and
issue involved in the present case is identical to that of WPS No.

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6260 of 2026, this petition may also be dismissed in the same
terms.
5. Having considered the rival submissions made by learned
counsel for the parties and having gone through the materials
available on record, it is evident that the facts and issue involved
in this petition is identical to WPS No. 6260 of 2026 this Court
deems it appropriate not to take a view other than what has been
taken in the aforesaid writ petition.
6. Accordingly, the present petition is dismissed in terms of the
order dated 20.08.2026 passed in WPS No. 6260 of 2026 .
Sd/-
(Bibhu Datta Guru)
JUDGE
Jyoti