o^ S) HIGH COURT OF CHHATTISQARH AT BILASPUR DjVISION BENCH CORAIVI: HON'BLE SHRI RAJEEV GUPTA, CJ & HON'BLE SHRS SUiMiL KUS^AR SSNHA, J. W.P.(SlNo. 1438 of 2008 Petitjoner VERSUS RESPONDENTS Sweta Tamboli, W/o Shri Vivek Tamboli, ageet about 25 years, R/o Main Road, Sakti, Tahsil & Distt. Janjgir-Champa (C.G.) State of Chhattisgarh Through the Secretary, Panchayat Evam Gramin Vikash Vibhag, D.K.S. Bhawan, Raipur (C.G.). The Secretary, School Education Department, State of Chhattisgarh, D.K.S. Bhawan, Raipur (C.G.) Wr'rt petition under ArticSe 226 of the Constltution of Indja Present: Shri P. Diwakar, leamed Senior Advocate wjth Shri K.S. Pawar, learned counsel forthe petitioner. Shri Kishore Bhaduri, learned AddStional A.G. for the State/respondents. ORDER (04th SVSarch, 2008) The following order of the Gourt was passed by Rajeev Gupta,CJ. Heard learned counsel forthe parties on admission. 2. Petitioner - Sweta Tamboli has filed this writ petition for the following reliefs: "10.1 That, the respondents be directed to perm!t the petitioner to participate in the Entranoe Examination for Shiksha Karmi Grade II and her ^ candidature may not be rejected simply on the ground that she has secured third division in the Graduation. 10.2 That, after permitting the petitioner to participate in the Entrance Examinatton, the respondents be directed to further consider her candidature in accordance with the Ruies. 10.3 That, in Schedule II, so far as relates to Shiksha Karmi Grade II is concerned, the minimum quatification of having second division in the Graduation be set aslde/quashed and in ptace only Graduation be permitted to be inserted. 10.4 Any other relief(3) may ateo be given to the petitioner, which this Hon'bte Court may deem flt and proper in the facts and circumstances of the case." 3. The petltioner, in substance, is seeking a direction to the respondents to permit the petitioner to partlcipate in the entrance examination for Shiksha Karmi Grade-il; her candidature may not be rejected on the ground that she has secured 3rd division in graduation; respondents be further direc^ed to conslder the petitioner's candidature in accordance with the rules; and the minimum qualification prescribed in Schedule-11 for Shiksha Karmi Grade-11 of having passed graduation in second division be quashed or substituted by providing that a candidate having passed graduation is eligible. 4. Petitioner - Sweta TamboJi, who after passing her graduation in third division was admitted in B.Ed. Course in the ^- year 2006 and obtained B.Ed. deoree in second diviston. After obtaining the B.Ed. degree, the petitioner was one of the aspirants for the post of Shiksha Karmi Gr^le-11. The petitioner, when came to know that the mtnimum quaiification for a person to be elsgible to seek appointment on the post of ShSsha Karmi Grade-II is graduation in second division and B.Ed. degree, has filed this writ petition for the above menttoned reliefs. 5. Shri P. Diwakar, learned Senior Advocate for the petitioner refemng to the minimum qualification prescribed by the National Council for Teachers' Education, vehemently argued that the minimum qualification, prescribed by the State Government vide Annexure P-5, of having passed graduation in second division is unreasonable and irrational, inasmuch as a person having obtained B.Ed. degree in second division would not be eligible for the post of Shiksha Karmi Grade-ll, simply because such person did not secure second division in graduation. 6. it is now settled law that every employer is free to prescribe the mjnimum qualification for a post and it is not ordinarily open to judicial scrutiny by the Courts. 7. The submissions advanced by learned Senior Counsel for the petitioner that the relaxation granted by the State Government in the year 2006 while admitting the students in B.Ed. Course has been rendered meaningiess by prescriblng the minimum quaSification of having passed graduation in second division has no force. VV^^ j \^-^! ^./'- ^^^ 4 8. Be that as it may, the fact remains that the petitioner does not fulfiSI the minimum qualjfication prescribed in the Rules forthe post of Shiksha Karmi Grade-11. Merely because the minimum qualification prescribed in the Rules is resulting in hardship to the petitioner, the same cannot be termed as unreasonable or Srratlonal. 9. We, therefore, do not find any good ground for interference. 10. The writ petition, therefore. is llable to b@ dismissed and is hereby dismissed summarily. __ _-—- Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu