Facts
The petitioners were unemployed B.Sc. graduates pursuing a two-year B.Ed. course and had completed its first year.
Source reference: para. 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.
Source reference: para. 2The petitioners claimed that they were otherwise qualified but had not yet completed the second year of the B.Ed. course.
Source reference: para. 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.
Source reference: para. 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.
Source reference: para. 3Issues
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?
Source reference: paras. 1–3Whether 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?
Source reference: paras. 2, 5Whether the petitioners were entitled to a direction for consideration of their request for such relaxation?
Source reference: paras. 5–7Law 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.
Source reference: para. 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.
Source reference: paras. 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.
Source reference: para. 5Reasoning
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.
Source reference: paras. 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.
Source reference: para. 5However, without granting eligibility or participation as a matter of right, the Court preserved the petitioners’ opportunity to pursue the appropriate administrative remedy.
Source reference: para. 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.
Source reference: para. 6Holding
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.
It 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.
Source reference: paras. 6–7If such representation was made, the competent authority was directed to decide it in accordance with law within 30 days from its receipt.
Source reference: paras. 6–7Original Court PDF
MADHURI KAUSHIKvsSTATE OF CHHATTISGARH
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