Ku. Kirtilata Sidar vs The State Of Chhattisgarh
2022 Latest Caselaw 3831 Chatt

                      HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet
                                   WPS No. 3941 of 2022


      1. Ku. Kirtilata Sidar D/o Shri H.S. Sidar Aged About 25 Years Occupation Guest
         Teacher (T.G.T. Maths) Government Eklavya Adarsh Avasiya Vidhyalaya, Sukma
         District Sukma Chhattisgarh, R/o R.E.S. Colony Shanti Nagar Sukma District
         Sukma Chhattisgarh., District : Sukuma, Chhattisgarh
      2. Sonam Devwanshi D/o Shri Hiralal Patwa Aged About 25 Years Occupation
         Guest Teacher (T.G.T. Science) Government Eklavya Adarsh Avasiya Vidhyalaya,
         Sukma, District Sukma Chhattisgarh. R/o Line Para Ward No. 13 Sukma District
         Sukma Chhattisgarh., District : Sukuma, Chhattisgarh
                                                                           ---- Petitioners
                                          Versus
      1. The State of Chhattisgarh Through Principal Secretary, Tribal Welfare
         Development, Mantralaya, New Raipur, Chhattisgarh. District : Raipur,
         Chhattisgarh
      2. The Commissioner State Level Tribal Welfare, Awasiya, Evam Ashram
         Shaikshnik, Sansthan Samiti, Indravati Bhawan, Atal Nagar, Nawa Raipur, District
         Raipur Chhattisgarh., District : Raipur, Chhattisgarh
      3. The Assistant Commissioner Tribal Welfare And Development Department,
         District Sukma Chhattisgarh.
      4. The Collector Office Of The Collector, District Sukma Chhattisgarh.
      5. The Principal Government Eklavya Adarsh Avasiya Vidhyalaya, Sukma, District
         Sukma Chhattisgarh.
                                                                         ---Respondents

16.06.2022 Mr. Chandradeep Prasad and Mr. Aman Upadhyay, Counsel for the respective Petitioners.

Mr. Suyashdhar Badgariya, P.L. for the State/Respondents.

Heard on petition and on the application for grant of interim relief.

It is submitted that the petitioners have been appointed as guest teachers on one year term since 2017 and their last appointment has terminated on April 2022. The respondent authorities have issued an advertisement on 27.05.2022 inviting applications for appointment of guest teachers of the same faculty for the petitioners have been rendering their services so far. The section of the part of the respondents against the issue laid down by this Court in the case of Anju Thakur & Others Vs. State of C.G. in WP(S) No. 4305 of 2021 decided on 17.08.2021 on which it is clearly held that on set of the best lecturers it shall not be replaced by another best lecturers. Hence, it is prayed that the proceeding on the advertisement issued may be stayed until the decision of this petition.

State counsel representing all the respondents submits that the Clause 6 in the terms and conditions of the advertisement Annexure-P/1 mentions that the best teachers shall be given preference in the matter of appointment. Therefore, the petitioner have the opportunity to participate in the selection process and there is no requirement for passing any interim order.

Considered on the submissions, taken into consideration the judgment of this Court in the case of Kumari Anju Thakur (supra) I am of this view that the protection should be granted. Hence, it is ordered that the proceeding on the advertisement dated 27.05.2022 Annexure

-P/1 shall remain stayed until the next date of hearing so far it relates to the faculty for which, the petitioners are claiming relief in this petition.

In the meanwhile, the respondent side may file reply and objection, if any.

List this case on 23rd June,2022 along with all connected matters.

Sd/-

(Rajendra Chandra Singh Samant) Judge

vaishali