01Facts
The petitioners were unemployed B.Sc. graduates pursuing a two-year B.Ed. course and had completed its first year.
¶ 2The State authorities issued an advertisement dated 28 July 2026 for appointment to the post of Teacher (Agriculture), prescribing graduation with 50% marks and B.Ed. as the educational qualification.
¶ 2The petitioners claimed that they were otherwise qualified but had not yet completed the second year of the B.Ed. course.
¶ 2They sought permission to participate in the selection process, permission to complete the B.Ed. course during employment if selected, and a direction to the State authorities to seek relaxation from the National Council for Teacher Education under Clause V of the notification dated 12 November 2014.
¶ 1The State opposed the petition, contending that the petitioners did not possess the prescribed qualification and could not claim relaxation as a matter of right.
¶ 302Issues
i.Whether the petitioners, having completed only the first year of the two-year B.Ed. course, could be permitted to participate in the selection process for Teacher (Agriculture) contrary to the qualification prescribed in the advertisement dated 28 July 2026?
¶ 1–3ii.Whether the Court could direct the competent authority to make a reference to the National Council for Teacher Education for relaxation under Clause V of the notification dated 12 November 2014?
¶ 2, 5iii.Whether the petitioners were entitled to a direction for consideration of their request for such relaxation?
¶ 5–703Law Applied
The Court applied the principle that eligibility for public appointment must ordinarily conform to the qualifications prescribed in the recruitment advertisement, and that a candidate cannot claim relaxation as a matter of right in the absence of an order by the competent authority.
¶ 3It further considered Clause V of the notification dated 12 November 2014, under which relaxation could be sought from the National Council for Teacher Education, subject to consideration by the competent authority.
¶ 2, 5–6The Court also applied the procedural principle that a writ direction for consideration of a specific request cannot ordinarily be issued where the concerned party has not first made an appropriate representation before the competent authority.
¶ 504Reasoning
The Court noted that the petitioners had not completed the prescribed two-year B.Ed. qualification and that completion of only the first year did not, by itself, establish eligibility under the advertisement.
¶ 2–3It also held that the requested direction to the State authorities to make a reference for relaxation could not be granted because the petitioners had not made a representation specifically seeking such reference.
¶ 5However, without granting eligibility or participation as a matter of right, the Court preserved the petitioners’ opportunity to pursue the appropriate administrative remedy.
¶ 6It permitted them to submit a representation seeking relaxation under Clause V and directed the competent authority to consider and decide that representation in accordance with law within 30 days of receipt.
¶ 605Holding
The Court did not direct that the petitioners be treated as eligible for the post of Teacher (Agriculture), nor did it direct their participation in the selection process.
¶ 6–7It disposed of the writ petition by granting liberty to the petitioners to submit a representation to the competent authority seeking a reference for relaxation under Clause V of the notification dated 12 November 2014.
¶ 6–7If such representation was made, the competent authority was directed to decide it in accordance with law within 30 days from its receipt.
¶ 6–7Original Court PDF
MADHURI KAUSHIKvsSTATE OF CHHATTISGARH
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