Vibha Rani Sahu vs Chhattisgarh Vyavasayik Pariksha Mandal (CGVYAPAM)

Learned counsel for the Petitioners submits that the Petitioners appeared in Teacher Eligibility Test (TET) conducted by respondent No.1/VYAPAM in the year 2022. At the time of submission of their Applications Form Online, the Petitioners inadvertently put mark in “OBC (Creamy Layer)” category instead of “OBC (Non Creamy Layer)” category.

Accordinng to learned Counsel for Petitioners, the Petitioners belong to “OBC (Non Creamy Layer)” category. On declaration of results of the said exam, the Petitioners came to know that they have not been considered as “OBC (Non Creamy Layer)” candidates. Upon enquiry, it revealed that they have been treated as “OBC (Creamy Layer)” category candidates.

Lerned Counsel for Respondents on the other hand submits that the Petitioners have submitted online Application Form and, as stated by learned Counsel for Petitioners, the Petitioners themselves opted “OBC (Creamy Layer)” category. Therefore, the candidatures of the Petitioners were considered according to the details given by them in their application Form.

Learned counsel for Respondents further submits that along with the Writ Petition, the Petitioners have submitted their “Social Status Certificate” issued by the Competent Authority. As per the requirement, the candidates are required to submit their recent “Social Status Certificate” issued by the Competent Authority, with the Application Form, for considering whether candidate comes under the “Non Creamy Layer category or not. If the Petitioners submit their latest “Social Status Certificate” before the Authorities concerned along with their representations, the same shall be considered and decided expeditiously.

Learned Counsel for Respondents also submits that since the claim of the Petitioners is only for participation in the said exam, the Respondent Authorities are considering the claim of such candidates with permissible rectification.

At this stage, learned Counsel for Petitioners submits that in view of objections raised by learned Counsel for respondents, the Petitioners may be permitted to file a fresh representation along with their recent “Social Status Certificate”, for which some time may be granted to petitioners.

Heard Counsel for parties and perused the records of the present Writ Petition.

Considering the facts and circumstances of case, the nature of grievance, the submissions made by learned Counsel for parties, this Court find it appropriate to dispose of the present Writ Petition at the motion stage itself without going into the merits of the claim raised by the Petitioners, directing Respondents to decide the representations of the Petitioners.

Accoringly, the Petitioners are directed to file a fresh representation before the Respondent Authorities along with their latest “Social Status Certificate” issued by the Competent Authority, within a period of six weeks from today. If such representations are made by the Petitioners, the Respondent Authorities shall consider and decide the same strictly in accordance with law, within a further period of eight weeks from the date of receipt of copy of the representations.

With above observations and directions, writ petition stands disposed of.