Bhagwat Prasad Soni vs State Of Chhattisgarh

Petitioner has filed this writ petition with following reliefs.

“10.1 That, this Hon’ble Court may kindly be pleased to quash the impugned 15.09.2020 and order dated 05.08.2020 (Annexure P/01) issued by the respondent authority and direct the SCERT to conduct the examination as per the advertisement dated 21.05.2020.

10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief, which it deems fit and proper.”

Petitioner is a Lecturer (LB), Maths and on the date of filing of this petition was posted as Principal, Government Higher Secondary School, Tandwa (Baikunth), Tilda, Dist. Raipur, C.G. Respondent No. 2/ Director,State Council of Educational Research and Training, Chhattisgarh, Raipur, issued an advertisement on 21.05.2020 for selection of the interested teachers as departmental candidates for admission in M.Ed., two-year course for academic session 2020-22. Petitioner and private respondents submitted their application forms. According to Clause 10 of advertisement/admission rules, selection is based on written examination which was to be held on 05.08.2020. Respondent No. 2 issued a letter on 05.08.2020 to the Principal of Government Teachers Education College, Raipur and Principal of Upgraded Educational Institution, Bilaspur, mentioning that on account of Covid-19 pandemic situation written examination for admission in M.Ed. (Departmental) 2020-21 would not be conducted and has specified and prescribed the selection procedure based on marks obtained in B.Ed. and D.El.Ed/ qualifying exam. On the basis of the notification published, provisional select list was published calling objection and thereafter final select list was issued on 15.09.2020 (Annexure P-1). Petitioner aggrieved with the change of norms and procedure for selection of departmental candidates for admission in M.Ed. Course in college at Raipur, has filed this writ petition.

Ms. Aditi Singhvi, learned counsel for petitioner would submit that in the advertisement published for admission in M.Ed. Course, mode of selection is merit, based on the marks obtained in the written examination to be conducted by Respondent No. 2. Amidst the proceedings of selection, Respondents No. 1 & 2 changed the procedure of selection which is illegal and arbitrary. Once the advertisement was issued prescribing the mode of selection to be on merit in the written examination to be conducted by Respondent No. 2, deviation from prescribed mode is not permissible. In support of her contentions, she referred to Rule 5(1) of the M.Ed. Two-year Course 2020-22, Admission Rules, filed as Annex. P-2. The reason stated for is not practicable to conduct examination, cannot be a ground to change the rule of the game once the game is started. Admission rules do not provide any discretion to the authority to change the mode of selection. The advertisement itself was issued during Covid-19 pandemic period with the specified procedure for selection and therefore also Respondents No. 1 & 2 erred in changing the mode of selection.

Mr. Amrito Das, learned State counsel would submit that from the date of advertisement ie., 21.05.2020, it is crystal clear that it was issued during the period of Covid-19 pandemic and thereafter in the month of July to September, 2020, it was at its peak. Looking to the condition in the State and threat of spread of Covid-19, the State Government, keeping in mind safety and further that the teachers of the department be trained by providing M.Ed. Course, based on their merit, interest of the children and not to waste any academic year of the course has taken a decision that the selection is to be made on the basis of merit of the marks secured in qualifying exam like B.Ed., D.El.Ed. etc. courses. Even after change of mode, selection is on merit, based on marks obtained in qualifying exam. Looking to the Covid-19 pandemic situation, date fixed for holding the written examination was deferred by Respondent No. 2. Respondent No. 1 taking note of the situation of spreading Covid-19 in the State has taken a decision that, for the purpose of selection of departmental candidates for M.Ed. Course, the mode of selection will be merit, based on marks obtained in qualifying exam ie., B.Ed., D.El.Ed. etc. He submits that providing higher education of M.Ed. course is to upgrade the teachers who have already obtained B.Ed. or D.El.Ed. and are already appointed in service of State Government or Institution under the State Government. The decision was taken keeping in mind the interest of students and safety of teachers in compelling circumstances. During the spread of Covid-19 pandemic, Respondents have not compromised with the selection of teachers, mode of selection remained merit based. The rule which is framed by the State Government for selection is under the Rules of National Council of Education Research and Technology (NCERT). Appendix 5 deals with norms and standards for master education programme, Clause 4.3 deals with admission procedure. It provides for admission on the basis of marks obtained in the qualifying examination and in the entrance examination or any other selection as per the policy of the State Government/Central Government/ University/ UT Administration. The procedure followed by the State is not contrary to the norms prescribed by the NCERT. The decision for not conducting the written examination and selecting the departmental candidates based on merit on their marks in qualifying exam is before holding the written examination and therefore no harm and loss is caused to petitioner. There is no allegation in the writ petition that the decision taken is with some mala fide intention and therefore when the selection is based on the merit itself, the submission of learned counsel for petitioner that by changing the mode of considering merit of applicants, entire selection process is vitiated, is not sustainable.

Mr. Ajay Shrivastava, learned counsel for private respondents would submit that after issuance of the advertisement in the month of May 2020, when Government realized that, situation of Covid-19 pandemic is not likely to come down, took decision on 23.07.2020. It is the decision taken by the State Government and not by any authority admitting the candidates in the academic session 2020-21 for D.Ed, B.Ed. and M.Ed., not to conduct written examination and to give admission based on marks obtained in the qualifying examination. The order issued by the State Government on 23.07.2020 was the basis for issuance of order dated 05.08.2020 by Respondent No. 2, order of State Government is not put to challenge by the petitioner in this writ petition. After submission of reply also the order of State Government was not put to challenge. He submits that the petitioner has not submitted objection within time provided in order dated 05.08.2020, and filed the writ petition when he found himself to be not selected for M.Ed. Course. He also pointed out that the notification dated 05.08.2020 which is sought to be quashed is for both colleges, one at Raipur and another at Bilaspur. Based on the notification dated 05.08.2020, in college at Bilaspur, departmental candidates/ teachers were admitted, they are prosecuting their studies and at present they are in 04th Semester of the Session. If the notification dated 05.08.2020 issued by Respondent No. 2 is quashed as sought by petitioner then they will also be affected. The persons who are prosecuting their M.Ed. Course at Bilaspur are not arrayed as party and therefore no relief as prayed for by petitioner in this writ petition can be granted.

Mr. Vinod Deshmukh, learned counsel for some of the private respondents would submit that petitioner is estopped to challenge the notification dated 05.08.2020 after accepting notification and waiting for the publication of list of selected candidates. Petitioner has filed this writ petition only when he did not find his name in select list. Once the petitioner decided not to challenge the decision taken by the State Government of not conducting the selection test for the academic session 2020-21 for D.Ed., B.Ed., and M.Ed. Course then he will not be permitted to challenge the same at later stage.

Ms. Singhvi, learned counsel for petitioner would submit that petitioner raised objection on 08.09.2020. She further contended that if for any reason Respondent No. 1 and 2 found it necessary to deviate from the mode of selection as mentioned in the advertisement then the respondents could have done only after canceling the earlier advertisement and issuing fresh advertisement.

Mr. Ajay Shrivastava, learned counsel would further submit that the mode of selection was notified by the State Government by order dated 23.07.2020 following which Respondent No. 2 also issued letter to Principals on 05.08.2020 calling objections till 03.09.2020 but the petitioner has not raised any objection within the prescribed period. The provisional select list was prepared on 05.09.2020 on which objections was called for and only after preparation of the provisional list, objection was raised, if any, by petitioner on 08.09.2020.

I have heard learned counsel for the parties on both sides and also gone through the record.

Grievance raised by petitioner in this writ petition is only that Respondents No. 1 and 2 have changed the mode of selection than what is prescribed in the advertisement. To appreciate the submission of learned counsel for the parties, I find it appropriate to extract the relevant clause(s) of advertisement/ admission rules published by Respondent No. 2 for admission in M.Ed. for Academic Session 2020-22, published Admission Rules, 2020-22. Rule 5(1) & Rule 9 are extracted below for ready reference:

Based on the Admission Rules issued, petitioner and the private respondents submitted their application forms. In the advertisement itself date for conducting the selection exam is mentioned as 05.08.2020 under Clause 10. Respondent No. 2 taking note of outbreak of Covid-19 pandemic in the State of Chhattisgarh issued a letter mentioning that written examination is deferred. This letter Annexure P-3 dated 08.07.2020 only mentions of deferring the prefixed examination on 05.08.2020 assigning reasons of Covid-19. Spread of Covid-19 during that period was not only in the State but in the entire country is not in dispute. There was spread of Covid-19 and threat of life. State Government issued order dated 23.07.2020 (Annexure R-16/1) not to conduct the entrance examination for D.Ed., B.Ed. and M.Ed. course, and the admissions will be on the basis of marks obtained in the qualifying examination. Order is extracted below:

Based on the order of State Government, Respondent No. 2 has issued a letter on 05.08.2020 mentioning the modality for admission of departmental candidates who have already filled up their forms based on advertisement.

During the course of arguments, when the query was put to learned counsel for petitioner that whether Respondents No. 1 and 2 could have admitted the departmental candidates based on the marks secured in qualifying examination, she submitted that Respondents No. 1 and 2 could have selected but by issuing fresh advertisement canceling the earlier advertisement. In view of the above discussion, it is to be looked into whether under the Rules or procedure the State Government could have taken decision not to conduct exam in the present facts of the case. The NCERT’s rules prescribed for norms and standards under Appendix 5 for masters of education degree. Rule 4.2 prescribes for Eligibility and Rule 4.3 provides for Admission Procedure, both the rules are extracted below for ready reference:

“4.2 Eligibility

(a) Candidates seeking admission to the M.Ed. Programme should have obtained at least 50% marks or an equivalent grade in the following programmes:

(i) B.Ed.

(ii) B.A.B.Ed., B.Sc.B.Ed.

(iii) B.El.Ed.

(iv) D.El.Ed. with an undergraduate degree (with 50% marks in each)

(b) Reservation and relaxation for SC/ST/OBC/PWD and other applicable categories shall be as per the rules of the Central Government/State Government whichever is applicable.

4.3 Admission Procedure

Admission shall be made on merit on the basis of marks obtained in the qualifying examination and in the entrance examination or any other selection process as per the policy or the State Government/Central Government/ University/UT Administration.”

So the eligibility to get admission in the M.Ed. course is candidate having obtained B.Ed., B.A.B.Ed., B.Sc.B.Ed., B.El.Ed., D.El.Ed. with an undergraduate degree with at least 50% marks. The aforementioned degree/ diplomas are qualifying examination for admission in M.Ed. program. The admission procedure prescribes for admission shall be made on merit on the basis of marks obtained in the qualifying examination and in the entrance examination or any other selection process as per the policy of the State Government/ Central Government/ University or UT Administration. The admission procedure under NCERT rules provides for admission to be on the basis of merit and fixing of merit is also prescribed with an alternate of any other selection process. Direction is also given to the respective Government or University or Union Territory of any other selection process.

What is important in the admission procedure prescribed under Clause 4.3 is selection to be made on merit. Here it is a case where advertisement was issued for selecting the candidates on the basis of merit in the entrance/ selection examination but due to unavoidable circumstances ie. spread of Covid-19 pandemic and life threat, Respondent No. 2 first found it proper to defer the examination which was prefixed, mentioning the reason of Covid-19 pandemic. The State Government took decision, not to hold the entrance examination but merit is to be considered on the marks obtained in qualifying examination. There is no pleading in the writ petition of any mala fide against any of the authority or officer.

In the aforementioned facts of the case in which the decision was taken by Respondents No. 1 and 2 to change the mode of asserting merit of candidates for admission ie., merit in qualifying exam in the opinion of this Court cannot be said to be arbitrary or illegal because the Rules of NCERT provide for merit on the basis of qualifying examination and the entrance examination or any other selection process. For direct selection candidates, merit is to be ascertain from qualifying exam. In normal circumstances or in ordinary situation, the decision of Respondents No. 1 and 2 for not holding the examination could have viewed differently but in the peculiar facts of the case looking to the Covid-19 pandemic situation and that too at that period of time all the persons are under threat of infection of Covid-19, and the decision is taken by the State Government, keeping in mind the safety, in the opinion of this Court changing the mode of considering merit of candidate cannot be said to be arbitrary or illegal. Moreso when, petitioner participated as departmental candidate and is aggrieved by the selection of departmental candidates. Her marks obtained in qualifying exam was also considered. It is not the case that by change of mode of merit required qualification is reduced or enhanced. Petitioner is already holding the post of teacher. It is not a case that the mode of selection or consideration of merit is changed after holding entrance examination but immediately after receiving application and taking note of the situation of spread of Covid-19 pandemic, decision was taken, not to hold written examination and merit list is to be prepared on the basis of marks obtained in the qualifying exam. The select list published is on the basis of merit, and the merit is considered on the basis of the marks which candidates obtained in their qualifying exam. This mode of ascertaining merit cannot be said is for giving undue benefit to anyone in the afore-discussed facts.

In view of the aforementioned facts of the case, as also Rules 4.2 & 4.3 of the NCERT, the select list is published and the teachers who are selected have been relieved on study leave to pursue the M.Ed. Course in college at Raipur and Bilaspur based on some notification of Respondents No. 1 and 2. The teachers selected for college at Bilaspur are at the stage of completion of their M.Ed. Course. They are not party to the writ petition. For the foregoing discussion, I do not find any merit in this writ petition, it is accordingly dismissed.

The private respondents are selected departmental candidates. Their course could not be started due to the interim order passed by this Court. Private respondents cannot be put to disadvantage situation leaving them to suffer without their any fault. They are held entitle to continue with the course.

Sofar as, the writ petition filed by Yogeshwari Keshari (WPS No. 4031/2022) is concerned, in this petition challenge is to the advertisement dated 27.05.2022 (subsequent). During the course of arguments, learned State counsel submitted that selection is to be done from the candidates participated in either of the advertisement. In proceeding of subsequent advertisement, due to stay, final selection was not done. As this Court held the selection process pursuant to advertisement dated 21.05.2020 not to be arbitrary and illegal. The petitioner in WPS No. 4031/2022 is Respondent No. 27 in WPS No. 3873/2020 and is a selected candidate; accordingly, WPS No. 4031/2022 is dismissed.

Accordingly, both the writ petitions being sans merit are liable to be and are hereby dismissed. No cost.