The Chhattisgarh High Court has ruled that a candidate seeking compassionate appointment cannot be denied consideration merely because he could not clear the Teacher Eligibility Test (TET) within the prescribed period when the examination itself was postponed due to the COVID-19 pandemic. The Court set aside the order declaring the petitioner ineligible and directed the authorities to reconsider his claim for appointment.
Background of the Case
The case arose after Vasudev Sahu's father, Late Prahlad Sahu, who was serving as an Assistant Teacher (LB), died while in service on 7 April 2017. Following his father's death, Vasudev Sahu applied for compassionate appointment on 13 June 2017.
At the time of applying, he did not possess the required educational qualifications, namely D.Ed./B.Ed. and a valid TET qualification. The District Panchayat granted him three years to acquire these qualifications. He completed the D.El.Ed. course in 2019 and became eligible to appear for TET.
However, the TET examination scheduled for March 2020 was cancelled because of the COVID-19 pandemic. The petitioner repeatedly sought extension of time and eventually appeared in the TET examination conducted on 9 January 2022, successfully qualifying it. Despite this, the Director Panchayat rejected his claim on 6 December 2022, holding that he had failed to obtain the required qualification within the prescribed period.
Court's Observations
Justice Naresh Kumar Chandravanshi noted that the petitioner had completed his D.El.Ed. qualification within the prescribed period and was prevented from obtaining the TET certificate only because the authorities themselves cancelled the scheduled examination owing to the pandemic.
The Court observed,
"It cannot be said that the petitioner failed to acquire requisite qualifications within the prescribed period granted to him."
The Court further pointed out that the State had not produced any material to show that any TET examination had been conducted before March 2020. On the contrary, the record showed that the TET examination for the year 2020 was ultimately held only in January 2022, in which the petitioner successfully qualified.
Referring to the Supreme Court's orders extending limitation during the COVID-19 pandemic, the High Court held that the exclusion of the pandemic period should also apply while assessing the petitioner's eligibility for compassionate appointment.
Decision
Allowing the writ petition, the High Court quashed the Director Panchayat's order dated 6 December 2022 declaring the petitioner ineligible.
The Court held that Vasudev Sahu had acquired the requisite qualifications and was eligible to be considered for compassionate appointment. It directed the respondent authorities to reconsider his application in accordance with law, preferably within 45 days from the receipt of the Court's order.
Case Details:
Case Title: Vasudev Sahu v. State of Chhattisgarh & Ors.
Case Number: WPS No. 1005 of 2023
Judge: Justice Naresh Kumar Chandravanshi
Decision Date: 19 June 2026
