SHOBHA DEWANGAN Vs. CHHATTISGARH VYAVASAYIK PARIKSHA MANDAL

JUDGEMENT

(1.) Learned counsel for petitioners submits that petitioners appeared in Teacher Eligibility Test (TET) conducted by respondent No.1/VYAPAM in the year 2022. At the time of submission of their application form online, petitioners inadvertently put mark in "Other Backward Class Category(Creamy Layer)" instead of "Other Backward Class Category (Non Creamy Layer)". Petitioners belong to OBC Category (Non Creamy Layer). On declaration of result, petitioners came to know that they were not considered as OBC Category (Non Creamy Layer) candidate. Upon enquiry, it revealed that they were treated as "OBC Category(Creamy Layer)" candidate. Immediately, thereafter petitioners submitted representation before respondent-authority, but till date the said representations have not been considered and decided. He submits that a direction be issued to respondent-authority to consider and decide representation submitted by the petitioners at the earliest.

(2.) Learned counsel for respondents submits that petitioners submitted on-line application, as stated by counsel for petitioners, they himself opted "OBC Category(Creamy Layer)", hence, their candidature were considered according to details given by them in application. He also contended that along with writ petition, petitioners submitted their 'social status certificate' issued by Competent Authority of the year 2017, 2010, 2013, 2010, 2010, 2010, 2009, 2013, 2009 and 2020 respectively. As per requirement, candidates are required to submit recent social status certificate issued by competent authority with application form for considering 'whether candidate comes within non-creamy layer or not'. He also contended that if petitioners submit their latest social status certificate before the authority along with representation, the same will be considered and decided expeditiously.

(3.) Counsel for the Respondents submits that since the claim of the petitioners is only for participation in the elgibility test, the Respondents are considering the claim of such candidates with permissible rectification.