The notification and advertisement for teacher recruitment were initially challenged before the High Court of Chhattisgarh. The primary contention against the notification was the lack of specific subject-wise graduation requirements for teaching posts, allowing candidates with degrees in unrelated fields to apply for positions where their qualifications might not be appropriate. For instance, a Sanskrit graduate could potentially teach mathematics, and vice versa.
Another ground for challenging the notification was the argument that only a legislative amendment could bring about the necessary changes to the 2019 Recruitment Rules. It was asserted that departmental notifications and Cabinet notes should not supersede legislative enactments.
However, the High Court of Chhattisgarh dismissed the petition challenging the notification, citing it as a policy decision within the purview of the state government and therefore not subject to judicial interference.
In response, the petitioner, represented by counsels Kaustubh Shukla and Ajay Shrivastava, filed a special leave petition before the Supreme Court challenging the High Court’s decision.
The petitioner contended that the Chhattisgarh government’s notification and advertisement for teacher recruitment were compromising the quality of education in the state, particularly during the crucial formative years of child development. They argued that allowing incompetent teachers to teach unrelated subjects, such as a Hindi or Sanskrit graduate teaching mathematics or science, would lower the overall quality of education.
Furthermore, it was asserted that the notification violated the Right to Education Act by diminishing the quality of education provided by the state government.
The petitioner also argued that only the legislative assembly could amend the recruitment rules, and the amendment did not align with the educational goals of both state and central authorities. This, they contended, constituted a grave violation of children’s fundamental right to quality education.
The case was scheduled for hearing on September 4, 2023, before the Bench of Justice J K Maheshwari and Justice K V Vishwanathan.
Following a thorough consideration of the arguments presented by counsel Shukla, the Supreme Court issued notices to the state government, along with a stay application filed alongside the petition. The state government has been directed to file its response to both the petition and the stay application within four weeks.
Notably, the recruitment of teachers in the Chhattisgarh Government’s Education Department, as outlined in the May 4, 2023, notification and advertisement, was highlighted as a flagship recruitment scheme during the Rajiv Yuva Mitan Sammelan on September 2, 2023. The case remains pending before the Supreme Court, with further proceedings set to take place after four weeks.