Manohar Lal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3843 of 2021 Manohar Lal S/o Shri Sukhanand, Aged About 27 Years, R/o Village And P.O. Kusma, District Kondagaon, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. Director, Lok Shikshan Sanchanalaya, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh

3. Joint Director, Lok Shikshan Sanchanalaya, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh

4. Deputy Director, Lok Shikshan Sanchanalaya, Indrawati Bhawan Naya Raipur, District Raipur, Chhattisgarh

5. Chhattisgarh Professional Examination Board Through Its Chairman Vyapam Bhawan, North Block Sector 19, Naya Raipur, District Raipur Chhattisgarh

6. Anil Kumar Verma, Lecturer, Government High School, Kosir, Block Sarangarh, District Raigarh, Chhattisgarh

7. Purshotam, Lecturer, Government High School Madai, Block Podiuprora, District Korba, Chhattisgarh ---- Respondents For Petitioners :

Ms. Meena Shastri, Advocate For State :

Mr. Amrito Das, Addl. Advocate General Hon'ble Shri Justice P. Sam Koshy Order On Board 27.07.2021

1. The grievance of the petitioner in the present writ petition is the action

on the part of the respondents in declaring the petitioner as disqualified for appointment to the post of Lecturer (Mathematics). The disqualification was on account of the petitioner obtaining B.Ed. Degree much after the results of the examination conducted by the respondent no.5 that was on 30th September, 2019.

2. The contention of the counsel for petitioner is that on the one hand the petitioner has been held disqualified for the said reason and at the same time the private respondents 6 & 7 and many other similarly placed candidates whose name appeared in the list of the candidates who were found disqualified on account of not having obtained the minimum requisite qualification by the time the results were published on 30.09.2019, have subsequently been found qualified and they have also been selected for the post of Lecturer.

3. This Court, in an earlier writ petition i.e. WPS No. 3685 of 2021 on similar allegation, had directed the State authorities that an appropriate investigation/inquiry on such complaint be made and an appropriate decision be taken in accordance with the rules governing the filed after due verification of facts as to whether such candidates did have the requisite qualification by the time the results of the examination were declared by the respondent no.5 on 30.09.2019.

4. Adopting the same analogy, the present writ petition also is being disposed of in similar terms and the respondents 2 to 5 are hereby directed to verify the said allegation of favours being shown to certain group of candidates similarly placed as that of the petitioner who were initially declared ineligible but subsequently have been found qualified and have also been selected for the post of lecturer. It is expected that the respondents 2 to 5 shall take an appropriate decision after

due verification of the entire records, at the earliest, preferably within a period of 90 days from the date of receipt of a copy of this order. In case the petitioner still has any grievance, the petitioner would be at liberty to assail the subsequent decision of the respondents.

5. With the aforesaid observation the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai