SHIV KUMAR SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Following reliefs have been sought for by the petitioner in this petition:

(2.) Facts of the case, in a nutshell, are that on 9/3/2019, the Directorate of Public Instruction issued an advertisement for a total of 14,580 posts for lecturers, teachers, and assistant teachers under 'T' and other cadres for various subjects. The petitioner, finding himself eligible for the post of Lecturer in Mathematics, applied accordingly. Importantly, the recruitment process was governed by a notification published in the Chhattisgarh Official Gazette dtd. 5/3/2019, which clearly outlined the educational qualifications required for the post of Lecturer. The petitioner meets the prescribed qualifications and should therefore be considered eligible. The petitioner completed a Master of Mathematics degree through an Open and Distance Learning program between June 2018 and December 2018. Additionally, he enrolled as a regular student in the B.Ed. course in 2017 and appeared for the examination in 2019. The petitioner passed the written examination and was called for document verification, which took place on 28/11/2020. However, during this process, the petitioner was declared disqualified for the post of Lecturer in Mathematics on the grounds that she possessed two degrees earned in the same academic year, Master of Mathematics and Bachelor of Education. Challenging this order, the petitioner filed a writ petition registered as WPS 285/2021 (Abhishek Singh v. State of C.G). On 12/7/2022, this Court passed an order granting the petitioner liberty to file a representation. It was directed that if the petitioner filed such a representation, it should be considered and decided by the respondent authorities within six weeks. Subsequently, the petitioner submitted a representation to the respondent authority, which was rejected on the ground that re-verification of documents cannot be undertaken once the initial verification and decision have been completed. Further, a notifications dtd. 2/5/2022 & 5/6/2025 issued by the University Grants Commission (UGC) recognizes the Dual Degree Programme. According to this notification, a Dual Degree Programme is jointly designed and offered by Indian and foreign higher education institutions in the same disciplines and at the same level, with degrees conferred separately and simultaneously upon fulfillment of requirements. This shall not be construed as two separate degrees pursued simultaneously. The UGC further mandates conformity with prescribed nomenclature, duration, and eligibility standards. Additionally, the UGC issues guidelines for eligibility of joint and dual degree programmes. It is also relevant to highlight that similarly situated candidates who possessed simultaneous postgraduate degrees have been appointed to posts.

(3.) On the other hand, supporting the order impugned to be just and proper counsel appearing for the respondents jointly submits that the disqualification of petitioner was rightly upheld as per the clear terms of the recruitment advertisement and the Chhattisgarh Official Gazette notification dtd. 5/3/2019, which mandate that candidates must not possess two degrees obtained simultaneously in the same academic year for the post of Lecturer. The possession of petitioner of Master of Mathematics and B.Ed. degrees in the same academic year violates this explicit eligibility criterion. Further, the reliance placed by petitioner on the notification of University Grants Commission on Dual Degree Programmes is misplaced, as the qualifications of petitioner do not fall within the ambit of such recognized dual degree courses. The petitioner pursued two separate courses independently, not a joint or integrated programme as defined by the UGC. The respondents also contend that the document verification process was conducted in accordance with the rules, and once the verification was completed and the petitioner declared ineligible, no further re-verification is permissible under law.