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Judgment
The petitioners have filed the present writ petition under Article 226 of the Constitution of India with a prayer that the clause mentioned in the document verification letter which provides eligibility for consideration for the appointment on the post of Teacher “E-Cadre” which provides that the candidate should be cleared Teacher Eligibility Test (TET) examination, be quashed.
From the record, it is quite vivid that the petitioners were not having requisite qualification for appointment on the post of Teacher “E- Cadre” as they have not cleared TET examination at the time of verification of the documents and the results of Teacher “E-Cadre” examination were declared on 21.11.2019 by the Chhattisgarh Professional Examination Board and the results of Central Teacher Eligibility Test (CTET) were declared on 27.12.2019 by the Central Board of Secondary Education, Delhi. Thus, at the time of verification of documents, the petitioners have no requisite qualification, whereas Clause 7 of the advertisement provides that all the educational qualification should be fulfilled by the candidate at the time of declaration of the result by the professional board or before it. Clause 7 of the examination schedule reads as under:-
“(7)अभ्यर्थी को आवश्यक न्यूनतम शैक्षणिक अर्हता एवं अन्य प्रमाण पत्र व्यापम द्वारा परीक्षा-फल जारी होने की तिथि अथवा उसके पूर्व प्राप्त करना अनिवार्य है। व्यापम द्वारा परीक्षा-फल जारी होने की तिथि के पश्चात् प्राप्त अर्हता प्रमाण पत्र मान्य नहीं होंगे।”
This issue has come up for consideration before the co-ordinate Bench of this Court and while considering the submissions, it has recorded its finding in paragraph 6 which reads as under:-
“6.Perusal of the documents shows that the petitioner appeared for the examination conducted by the PSC on 25.08.2019 and the results were declared on 21.11.2019, therefore the petitioner though might have appeared for B.Ed examination during the Covid-19 pandemic but on the date of declaration of the result i.e. on 21.11.2019 the petitioner was not in hold of the requisite qualification. Further, the pandemic and the lock down happened subsequent to 2019, therefore no relief can be granted to the petitioner.”
Considering the fact that the issue raised in this writ petition is one and the same, which has been decided by the co-ordinate Bench of this Court in WP(S) No. 4289 of 2020 on 03.11.2020 and this Court has already dismissed the same reliefs sought by the petitioners of that writ petition on the same facts and circumstances of the case. Further considering that no new grounds have been raised, the present writ petition deserves to be dismissed and accordingly, it is dismissed.