High Court Of ChhattisgarhWPS/9054/2019dismissed

Devendra Kumar Rai v. State Of Chhattisgarh

2019-11-07Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9054 of 2019 • Devendra Kumar Rai S/o Late Shri Reslal Rai Aged About 30 Years R/o Kohka, Rai Bhawan, Bhilai, District : Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, District : Raipur, Chhattisgarh

2. The Directorate of Public Instruction, Indrawati Bhawan, Raipur, Chhattisgarh

3. The Chhattisgarh Professional Examination Board (Vyapam), Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Aman Upadhyay, Advocate For Respondents/ State :

Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/11/2019

1. The petitioner claims that he was appeared in the examination which was advertised for the post of Assistant Teacher/Teacher/Assistant Teacher (Lab) and Lecturer.

2. The petitioner claims for the post of Lecturer, which was published by PSC. It is stated that the requirement for eligibility for the post of Lecturer, B. Ed. was a necessary qualification. The petitioner had appeared in the examination of B. Ed., has not finally passed out and yet he is pursuing B.Ed. Therefore, the relaxation may be granted to him for holding the qualification of B.Ed.

3. The contention of the petitioner appears to be mis-conceived, that on the date of advertisement, if, the petitioner was not holding the condition of eligibility, which was a necessary qualification to be appointed to the post of Lecturer, the same cannot be relaxed on the ground that in future the petitioner would be getting the B.Ed. Degree. Apart from these facts the petitioner participated in the selection process knowing full well the conditions attached for qualification. So game of rule can not be charged subsequently.

4. On perusal of advertisement, it shows that the B.Ed. was a necessary qualification apart from the other degree of graduation or post graduation. Therefore, no relieve can be granted to the petitioner at this stage.

5. Accordingly, the petition stands dismissed. Sd/- (Goutam Bhaduri) Judge Yasmin