x IN THE HON’BLE HIGH COURT OF C HAT-I'ISGARH AT 5 T ' , > s ’ H t WRIT PETITI0N(S)N0 Mg 2 Lg 0F2010 , , ‘ PETITIONER I :V _ [ghan_shyam Singh So/nvof Late E Shri‘ Paramhans Singh], aged abou€ 31 ‘years, Resident of \Bouripa'ra, § L-.Shika‘_ri" \ Road, "Ambikapur,§ Distriet’ Surguja‘ ’(c.G.). V VERSUS ‘/State‘_Of Chhgttisgarh through' a , f K . The Secreté‘ry, r Panchayat and " Rural Development Department I D K S Bhawen, Ralpur (C.G.). l r V f , , L ‘ . 2. _ / Chhattisgarh I . . » ProfeSSIonal v g ‘ i Examination Board through~ I ' i Secretary, ‘Board of SecOndary " , Education - Premises _ ‘t ‘ Penshlonbada Ralpur (CG) L" J 3. TheVCh'ief Executive Okffice_r,‘:Ziia , Panchayat Ambikapur, District ‘ SurQUJa(CG) L, ' " " w N WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTIO _i , V ’V‘v‘ ‘ OF INDIA ‘ a V _ it V : ° HIGH COURT OF CHHATTISGARIJI AT BILASPUR w.P. (S) No. 6282 of 2009 J Ram Chandra Ram & Another i Versus g ! State of Chha;ttisgarh & Others Petitioners W w.P. (S) No. 1040 of 2010 t Chitra Sen Dhruw Versus State of Chhattisgarh & Another Petitioner Resggndents w.P. (S) No. 7060 or 2009 Santosh Kumar Sahu Versus State of Chhattisgarh & Others If Petitioner ELM w.P. (S) No. 6636 or 2009 Shyam Kumar Patel Versus Stato or cnmrtisgam a Others Petitioner w.P. (S) No. 6642 or 2009 Swamp Kumar Divya & Others Versus State or cmattrsgam & Others Petitioner Respondents W.P. (S) N0. 235 of 2010 Ghanshyam Singh Versus State of Chhattisgarh Others & Petitioner Resandents 1 x "Bé W.P. (S) N0. 6634 of 20m i Son: Ram Sahu Venus ¢ Petitioner state of Chhattifsgam & Others w.P. (S) No. 6378 of 2009 Ku. Seema Son! Versus Resggndents : State of Chhattisgarh & w.P. (S) No. e797 o1: zoos Mukesh Kumar Harmukh Versus State of Chhattrsgam a. Others Writ Petition under Article 226/227 of the constitution of India Petitioner .DB: Hon'ble Shri Justice LM. uddusi & Hon’ble Shri Justice N. K. Agarwal. %§«£a€§%%w~ emekmevww r <\ Present : Shri AN Bhakta, ShriBP Rao, Shri VK Pandey, 8hr! Ajay- Shrivastava, n‘ Mateen Siddique, Shri Jltendra Pali & Shri Basant Kaiwartya, Advocates for the petitioners. Shri GD Waswani, Govt. Advocate for the State. Shri Abhishek Sinha, Advocate for respondent-Professional Examination Board. ORAL ORDER (Passed on 1" day of July. 2010) Per l.M. Quddusi, J. 1. By this common order, the writ petitions No. 6282/09, 1040/10, 7068/09, 6636/09,,6642/09, 235/10, 6634/09, 6376/09 and 6797/09 are being disposed of as the common facts and issues are involved in all these writ petitions Q " ’WJi (A Sh . ‘37 2. These are the writ petitions filed by the} petitioners against the provisions of fixation of qualification as second division graduation for appointment on the pibst of Shiksha Karmi Grade-Ii under the ruies namely Cjhhattisgarh Panchayat Shiksha Kanni (Recruitment and conditions of service) Rules, 2007, as ultra-vires of Article 14 & 16 of the Constitution of lndia l i being discriminatory. 3. The post of Shiksha Karmi in the institutions run by the Jila Panchayat were created in the institutions in place of teachers. ln fact it is substitute of the teachers in the institution. Earlier, in the rules namely Madhya Pradesh Arajpatrit Tritiya Varg Shaikshanlk Seva (Amahavidyalayetar Seva) Bhartl‘ Tatha Padonnati Niyam, 1973, the qualifications for the post of teacher was fixed as second division graduate but the same has been repealed and in that place the rule namely Chhattisgarh Panchayat Shiksha Karmi (Recruitment and conditions of service) Rules, 2007, was in force on 30.1 1 .2007 and qualifications therein for the post of Shiksha Karmi Grade-ll has been given in Schedule ll according to which second division in graduation in the concemed subject group and B.Ed. has been fixed. 4. By notification dated 13.08.2008, issued by the Govt. of Chhattisgarh, new rule namely Chhattisgarh School Education Gazetted Service (School Level Service) Recruitment and Promotion Rules, 2008, came into force, in which the qualification for the post of Lecturer was post graduation with second division, B.Ed and five years: experience oniy for promotion has been mentioned for the post of Lecturer of High School (Gazetted), but later on by amendment dated 28.08.2008 the condition of second division post graduation has been repealed and oniy post graduation has been substituted. The contention of teamed counsel appearing for the petitioners is that since the condition of second division in post graduation has been repealed for Shiksha Karmi who are lower than that, fixation of second division graduation should also be repealed. Keeping in view short listing, fixation of qualification as second division graduation with n intention to get Teachers of good quality is the domain of State Govemment which is not a subject of judicial review. However, since the petitioners are .raising a grievance mentioning that for the post of tecturer, condition of second division has been repeated, we are of the opinion that the petitioners should approach the State Govemment by fiting a representation and if such representation is med, the same shalt be considered and proper decision shalt be taken thereon as early as possible preferably within a period of three months from the date of production of a copy of this order alongwith representation. Needless to mention here that in case second division condition is relaxed, it witt be open for the State Govemment to take the candidates from the select list or give an opportunity of counseling as the case may be, but we make it clear that we cannot interfere in the decision of the State Government. / \(KJ', / :I / / ’9 3 8. It Is further made clear that the candidates who were not allowed to paicipate In the examinatin because of above condition, if the same is relaxed, in tat case they will be I alloWed o participate in future and if ey are over age in- h ‘b d between, te relaxation of the same shall e considere. . ith the above observation and directio, these petitions tand d a t v disposed of. No orer sto coss. K/ f 2 1;MQsi i l N" if/l_ s ax l / W\ A dl- Sdl- K /l I“ ‘ .uddu! .K.Agrawa Judge $ - i Jg l ude 2 2a rt d h t th 9 W n s