Chhattisgarh High Court
Employment and Labour LawAdministrative and Public Law

No relaxation reference can be directed absent representation; subsequent requests must be decided within 30 days.

MADHURI KAUSHIK vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 01, 20263 MIN READSOURCE JUDGMENT
No relaxation reference can be directed absent representation; subsequent requests must be decided within 30 days.. MADHURI KAUSHIK vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners were unemployed B.Sc. graduates pursuing a two-year B.Ed. course and had completed its first year.

Source reference: para. 2

The 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. 2

The petitioners claimed that they were otherwise qualified but had not yet completed the second year of the B.Ed. course.

Source reference: para. 2

They 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. 1

The 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. 3
02

Issues

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. 1–3

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?

Source reference: paras. 2, 5

Whether the petitioners were entitled to a direction for consideration of their request for such relaxation?

Source reference: paras. 5–7
03

Law 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. 3

It 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, 5–6

The 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. 5
04

Reasoning

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. 2–3

It 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. 5

However, 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. 6

It 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. 6
05

Holding

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. 6–7

If 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. 6–7
Chhattisgarh High Court

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MADHURI KAUSHIKvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 01, 2026

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