r G - r- {<3° ^ IN THEHIGH COURT OF CHHATTISGARH ATBILASPUR (CG.l W.P.S No... .t>.^^..'7.. ....../2010 i_ PETITIONER: RESPONDENTS: ^o^ ^...^^ .^o-"^r ^""' ...--" V0 j^as-'" <<-) ' ^ LekhRamPateI Aged about 29 Years, S/o Shri Mohan Lal Patel, R/o Vmage Pisid, TahsU Kasdol, District Raipiu-(C.G.) VERSUS ^ \. •*• 2. State of Chhattisgarh Through the Secretary \ . . • . :.; Department of Panchayat and Rural, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) Chief Executive Officer ZUa Panchayat Raipur DistrictRaipur-(C.G.) \v ^' '^^^^1'' PETITIQN UNDER ARTICLE 226 OF THE CONSTITUTION OF !NDLA_FOR_ ISSUANCE OF APPROFRIATE WRI'ES OE MANDAMUS AND GERTIORARI AND FOR OTHER SUITABLE WRTTS AND DIRECTIONS:- ^3 HIOH COURT OF CHHATTISOARH AT BILASPUR DIV1SION BENCM: HQN'BLE SHRI I.M.QUDDUSI & HON'BLE SHRrN.K. A6ARWAL^JJ. WRIT PETITION fSI No.3297/2010 PETITIONER RESPONDENTS Vs Lelch Ram Patel State ofC.G. & anothar Present: tjr. A. Kardekar, Advocate for the petitioner. Mr. Amrito Das, Panel Lawyer for the State. ORAL ORDER (Passed on 8" July, 2010) I.M. Quddusi.J; 1. Heard. 2. By this petition the peUtioner has prayed that the provj^iftns of fixation of qualjficatfon as second divJsjg>n graduatioo for appointment on th®post of Shiksha Karmi Gra<le-ll under the rules namely C.G. Panchayat Shiksha Karmi CRecuritment and Conditions of Service) Rules, 2007 b®declared as ultra viresto Articles 14 & 16 ofthe Constitution of India being discrimuiatory. 3. Learned counsel for the petitioner submits that tbis Court vide order dated 01.07.2010 has disposed of the bunch of.writ petitions leading case of which was W.P. (s) No.6282/08 and the instant writ petitidn is also of similar natyre and therefore, he requested this Court to dispose of the instant writ petition also on the same terms. 4. The operative part of the order passed in batch of writ petitions leading case of which was Writ Petition (s) No.6282/09 reads as under:- "6. Keeping in view short listing, fixation of qualification as second division graduation wlth an intsntlon to get Teachers of good quality is the domain of State Government which is not a subject of judicial fBview. However, since the petitioners are raising a grievance mentioning that for the post of lecturer, condition of second division has been repealed, we are of the opinion that tha petitioners should approach the State Government by Tiling a representation and if such representation is filed, the same shalt be considered and proper declsion shall b®taken thereon as early as possible preferably within a period of three months from the date of reproduction of a copy of this order along wtth representation. ^^ 7. Needlessto mention here thatin casa second •diyjsion condjtion is relax^d, it wll |»e,openforthe State Government to takethe candklatoB (r<m tha select Itst or gtve ano(>portunifyciftbunseling^As?th» case may be, but we make it ctear that we cannot interfere in the decision of the State Govemment. 8. It is further made clear that the candidates who were not allowed to pafticipate in tha examination because of above condltion, it the same is relaxed, in that case they will be allowed to participate in . Tuture and if they are ovsr age In between, th® relaxation of the same shall be consldered." 5. Accordingly, we dispose of this writ petition also in terms of the above quoted order and the sgme woiild be appliicsible m<ria(!fs mutandis in the instant wrjt petition also. e.jC^rtified copy as per^ules^ Sd/- I.M.Quddusi Judge Sd/- N.K. Agrawal Judge fil'^^