The High Court holds that ex-servicemen cannot bypass the minimum qualification requirements prescribed by the 2009 Recruitment Rules, reaffirming that eligibility standards set as per NCTE guidelines must be met regardless of reservation policies. This judgment upholds existing precedent, has binding effect on subordinate courts in Chhattisgarh, and is directly relevant to education sector recruitment.
Summary
| Category | Data |
|---|---|
| Case Name | WPS/4277/2022 of YOGESH KUMAR Vs STATE OF CHHATTISGARH |
| CNR | CGHC010203732022 |
| Date of Registration | 22-06-2022 |
| Decision Date | 16-10-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | HON’BLE SHRI JUSTICE SACHIN SINGH RAJPUT |
| Court | High Court of Chhattisgarh at Bilaspur |
| Precedent Value | Binding on subordinate courts in Chhattisgarh |
| Type of Law | Service law, Education sector recruitment |
| Questions of Law | Whether ex-serviceman reservation rules permit relaxation of minimum statutory educational qualifications for appointment as Teachers/Assistant Teachers under CG School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2009. |
| Ratio Decidendi | The High Court held that statutory minimum qualifications, specifically TET/B.Ed/D.Ed., as prescribed in Rule 8(II) of the 2009 Recruitment Rules and based on NCTE guidelines, are mandatory for appointment as Teachers/Assistant Teachers. The rules granting reservation or relaxation for ex-servicemen (1985 Rules) do not override or supplant these essential qualifications. The petitioners, lacking the minimum prescribed qualifications, cannot claim appointment solely based on their ex-serviceman status. Reliance on reservation rules to bypass statutory eligibility is not permissible. |
| Facts as Summarised by the Court | Petitioners, both ex-servicemen, applied for Teacher (English) and Assistant Teacher (Science) positions after clearing written exams and being listed in the merit list. Their candidature was rejected at the stage of document verification for not possessing the mandatory TET/B.Ed/D.Ed. qualification. They claimed relaxation under the 1985 Ex-servicemen Reservation Rules. The Court held this claim misconceived as minimum qualifications are dictated by the 2009 Recruitment Rules and NCTE guidelines. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and authorities within Chhattisgarh regarding teacher recruitment |
| Persuasive For | Other High Courts in similar education recruitment disputes |
What’s New / What Lawyers Should Note
- The High Court reaffirms that statutory minimum qualifications prescribed under the CG School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2009, and NCTE guidelines, are non-negotiable and must be strictly adhered to.
- Reservation rules or ex-servicemen-specific relaxations (Rule 6 of the 1985 Rules) do not permit candidates to bypass or be exempted from such qualifications.
- This judgment clarifies that eligibility relaxations cannot dilute basic educational or eligibility requirements for teaching posts, maintaining NCTE-driven standards in education sector appointments.
Summary of Legal Reasoning
- The Court noted the undisputed fact that the petitioners did not possess the minimum requisite educational qualification (TET/B.Ed/D.Ed.) for the teacher/assistant teacher positions as per Rule 8(II) of the 2009 Rules.
- The minimum qualification requirement is in line with the NCTE guidelines, ensuring teaching quality and standardization.
- The Court examined the petitioners’ reliance on the M.P. Ex-Service Man (Reservation of Vacancies in the State Civil Services and Posts Class III and Class IV) Rules, 1985, specifically the relaxation provided in Rule 6.
- It held that while reservation and certain relaxations are provided for ex-servicemen in appointments, such benefits cannot override explicit educational eligibility requirements laid down in service rules and conforming to professional regulatory authority standards (NCTE).
- The rejection of the petitioners’ candidatures was found valid because they failed to meet mandatory eligibility criteria: “A person not qualified and having minimum qualification of TET for teaching the students cannot be permitted to be appointed on such post.”
- The Court thus dismissed the petitions as misconceived in law.
Arguments by the Parties
Petitioner
- Petitioners are ex-servicemen.
- Cited the relaxation provision under Rule 6 of the M.P. Ex-serviceman (Reservation of Vacancies in the State Civil Services and Posts Class III and Class IV) Rules, 1985.
- Sought to set aside the rejection of candidature and appointment to the applied posts on the basis of ex-servicemen relaxation.
Respondent (State)
- Appointment to the posts is governed by the 2009 Recruitment Rules which require specific minimum educational qualifications and TET pass certificate.
- Emphasized that petitioners did not possess these statutory qualifications.
- Contended that ex-servicemen reservation rules do not permit non-fulfillment of essential eligibility requirements.
Factual Background
The petitioners, ex-servicemen, applied for teaching posts (Teacher – English, and Assistant Teacher – Science) as per a government recruitment advertisement from 2019. Both successfully cleared the written exam and appeared in the merit list. Their appointments were, however, rejected at the stage of document verification on account of lacking the required educational qualifications (TET/B.Ed/D.Ed.), as mandated by the service rules. Petitioners invoked ex-servicemen reservation rules to seek relaxation, leading to the writ petitions.
Statutory Analysis
- The Court examined Rule 8(II) of the CG School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2009, detailing minimum teacher eligibility requirements: combinations of graduation, diploma/B.Ed./D.Ed. and TET as per NCTE guidelines.
- The Court referenced Rule 6 of the M.P. Ex-service Man (Reservation of Vacancies in the State Civil Services and Posts Class III and Class IV) Rules, 1985, which provides for certain relaxations for ex-servicemen.
- The decision made clear that statutory minimum qualifications, particularly those evolved to meet NCTE standards, cannot be overridden or relaxed by general ex-servicemen reservation rules.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded in the judgment.
Procedural Innovations
No new procedural innovations or directions were set out in the judgment.
Alert Indicators
- ✔ Precedent Followed – The judgment reaffirms and clarifies existing legal principles that reservation or relaxation rules for ex-servicemen cannot be used to bypass statutory minimum qualification requirements for public appointments, especially in regulated sectors like education.