DURGAWATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for declaring Rule 8(II) Schedule-III Column (5) As per Annexure-I (ii), S.No.6 Subject Mathematics Subject Group of the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (for short, "the Rules of 2019'), as unconstitutional and ultra vires to the provisions of the Constitution of India.

(2.) It is the case of the petitioner that respondent No.4 University has by amendment / revising its ordinance permitted the combination of subjects "" Mathematics, Physics & Geography as one of the combinations to get bachelor degree in Mathematics and therefore the aforesaid rule is unconstitutional and liable to be declared ultra vires, as the petitioner who has passed graduation with Mathematics group with Geography as one of the subjects could not compete for the post of Teacher and as such it be declared unconstitutional. Further, a prayer has been made to respondents No.1 & 2 / State to correct / add Geography subject in the Mathematics group in the advertisement for appointment of Teacher, in the interest of justice.

(3.) Return has been filed on behalf of the State stating inter alia that inclusion / exclusion of a particular subject for consideration for appointment to a particular post (specifically for the job of teaching) is the prerogative of the State Government or the employer. The employer has all the right to choose, in its own wisdom, to permit the candidate qualified in particular subjects or group of subjects to particular or be eligible for recruitment in a particular post. The grievance of the petitioner is that she opted for this particular combination, however, in the advertisement issued in light of the rules not permitting the candidates having passed graduation with Mathematics and Geography subjects, she could not participate in the selection process of Teacher. It has been further stated in the return that permission of combination of subjects - Mathematics, Physics & Geography by the University for perusing the study and taking a degree, is a facility provided to the students perusing the degree in Science. It is also the stand of the State that the syllabus as well as ordinance would indicate that there are as many as 35 combinations of subjects (out of many subjects) which have been permitted to be perused for the studies for graduation in Science. This is mere a facility provided by the University for students, but, in no circumstances, a candidate who chooses one particular combination among so many combination of subjects, can compel the employer or the recruitment agency to incorporate that particular combination of subjects as one of the essential qualifications for recruitment to a particular post / Teacher. It has also been submitted in the return that the Teacher (Mathematics) is basically required to teach the Mathematics subject in Science group in the school and that is why the combination of Mathematics with some other subjects has been incorporated in the rules as well as in the advertisement for appointment to the post of Teacher (Mathematics). The subject of Geography so far as education at the school level is concerned, is still categorized and classified as a subject under the discipline of Humanities / Arts. As such, the writ petition deserves to be dismissed.