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Judgment
Per : Krushna Ram Mohapatra, Chief Justice
1 Heard learned counsel for the parties.
2 The petitioners, in these writ petitions, pray for the following reliefs:-
“1.Issue a writ of declaration declaring that Column 3 of Serial No. 15, 17 and 19 of Schedule IV read with Rules 14 and 15 of the Chhattisgarh School Education Service (Educational and Administrative Cadre) Recruitment and Promotion Rules 2019 is unconstitutional, ultra virus the Right of Children to Free and Compulsory Education Act, 2009, NCTE notification dated 23.08.2010, and the binding directions of the Hon'ble Supreme Court in The State of Anjuman Ishaat-E-Taleem Trust v. Maharashtra & Others (2025 INSC 1063);
2.Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to strictly comply with the mandatory requirement of Teacher Eligibility Test (TET) qualification for promotion of teachers as prescribed under the RTE Act, 2009, NCTE notification, and Hon'ble Supreme Court directions;
3.Declare the promotion process initiated after pronouncement of judgment in Anjuman Ishaat-E-Taleem Trust v. The State of Maharashtra & Others (2025 INSC 1063) ie. 01.09.2025 under the Impugned Rules without ensuring TET qualification compliance as illegal, arbitrary, and contrary to law, and consequently quash and set aside such promotion processes/orders;
5.Award costs of this petition in favour of the Petitioner; and
6.Pass any other order(s) this Hon'ble Court deems fit and proper in the interest of justice”.
3 Learned counsel for the petitioners, at the outset, submit that, the Chhattisgarh School Education Service (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 has already been repealed. Thus, they pray for withdrawal of the writ petitions seeking liberty to file a fresh one, if any cause of action still survives.
4 Mr. Gupta, learned Addl. Adv. General appearing for the State does not have any objection to the same.
5 In view of above, these writ petitions are disposed of as withdrawn with liberty to the petitioners to file a fresh writ petition, if any cause of action still survives.