Court directs authorities to consider petitioner's eligibility within 45 days, acknowledging pandemic impact on examination schedules.
The Chhattisgarh High Court has set aside a previous order declaring Vasudev Sahu ineligible for a compassionate appointment after his father’s untimely demise. The decision, rendered by Justice Naresh Kumar Chandravanshi, acknowledges the extraordinary circumstances posed by the COVID-19 pandemic, which delayed Sahu’s ability to acquire necessary qualifications.
Vasudev Sahu, whose father passed away while serving as an Assistant Teacher in 2017, sought a compassionate appointment. Initially possessing only a Class-12th certificate, Sahu was given three years to attain the required educational qualifications, namely a Bachelor of Education (B.Ed.) or Diploma in Education (D.Ed.) and a Teacher Eligibility Test (TET) certificate. Sahu fulfilled part of this requirement by obtaining a D.El.Ed. certificate in 2019 but faced challenges in completing the TET due to the pandemic.
The TET examination, originally scheduled for March 2020, was canceled as a result of the COVID-19 outbreak and was only conducted in January 2022. Despite passing the TET in 2022, Sahu’s application for compassionate appointment was rejected by authorities in December 2022, citing a failure to meet the qualifications within the prescribed timeframe.
In his judgment, Justice Chandravanshi highlighted the Supreme Court's directives to exclude the period from March 15, 2020, to February 28, 2022, from limitation calculations due to the pandemic. This principle was deemed applicable to the state's actions, thereby rendering Sahu's qualifications valid within the required period.
The Court has directed the respondent authorities to reassess Sahu’s application for compassionate appointment within 45 days, emphasizing the need for a fair evaluation given the pandemic’s impact on the examination schedule.
This decision underscores the judiciary's sensitivity to the unprecedented challenges posed by COVID-19 and its commitment to ensuring equitable treatment in administrative processes.
Bottom line:-
Compassionate appointment - Petitioner declared ineligible due to failure to acquire requisite qualifications within the prescribed period - TET examination delayed due to COVID-19 pandemic - Supreme Court directions on exclusion of time due to pandemic applied - Petitioner held eligible for consideration for compassionate appointment.
Statutory provision(s): Article 226 of the Constitution of India, Circular dated 07.02.2014, Supreme Court directions in WP(PIL) No.27/2020 and Suo Motu Writ Petition (Civil) No.3/2020.
Vasudev Sahu v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2933102
