ANI Photo | SC stays Chhattisgarh HC order barring BEd candidate from participating in recruitment process

The Supreme Court has stayed the operation of the Chhattisgarh High Court order which directed that the BEd candidates should be kept in abeyance from participating in the recruitment process for the post of Assistant Teacher and sought a response from the state government on the plea.
A Bench of Justices AS Bopanna and Justice Prashant Kumar Mishra passed the order on August 29.
The SC interim order now allows the BEd candidates to participate in the recruitment process for the post of Assistant Teacher.
“Therefore to the said extent, we hereby stay the order dated 21.08.2023 passed by the High Court and clarify that the recruitment process, which was in progress prior to the date of the said interim order passed by the High Court, shall continue and the appointments, if any, made thereunder will however remain subject to result of the consideration to be made by the High Court in W.P.S No. 5788 of 2023,” the court said.
The court also clarified that the selected candidates shall be informed of the same by the Appointing Authority concerned.
“In the meantime, notwithstanding the pendency of these petitions, the petitioners herein may also implead themselves before the High Court in the writ petition and if the High Court deems it fit to hear the parties and consider the writ petition on its own merits and in accordance with law, there shall be no impediment for the High Court to proceed on merits in the matter since these petitions are limited to the aspect of interim order,” the court said.
The court was hearing petitions challenging Chhattisgarh HC order dated August 21. One was filed by one Harishankar. While another plea was filed by Divya Bharti, who was represented by advocates Manoj Gorkela and Sitwat Nabi.
The Petitioners claimed that they are aggrieved by the HC order dated August 21 and claimed that it is in complete violation of the Principles of Natural Justice and Fundamental Rights guaranteed under Article 14, Article 16 and Article 21 of the Constitution of India. The Petitioners are highly eligible and deserving of BEd candidates who have cleared the entrance examination of Teacher Recruitment Examination 2023 conducted by the Chhattisgarh Vyavsayik Pariksha Mandal (CGVYAPAM) under the then Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules 2019 applicable for the post of Assistant Teacher (2019 Rules).
The petitioner said that the High Court’s impugned Order has tragically restricted and excluded the Petitioners from participating in the ongoing Recruitment Process of Assistant Teachers which is valid only from August 23, 2023, until August 30, 2023, as per the Counselling Notice.
According to the petition, the Division Bench of the High Court vide order dated 21.08.2023 has passed the order wherein it has been held that “Considering the arguments advanced by learned counsel for the parties and also considering the law laid down by the Apex Court, the further recruitment process with regard to the candidates having BEd qualification for the post of Assistant Teachers shall be kept in abeyance with immediate effect and further, no final decision would be taken by the respondents in respect of such candidates till the next date of hearing

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