Mohit Kumar Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 1222 Chatt

                                     1

                                                                      NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR
                            WPS No. 1967 of 2021

1.   Mohit Kumar Sahu S/o Shri Seva Ram Sahu Aged About 29 Years
     Working As Investigator At Office of Block Education Officer, Tilda,
     District Raipur Chhattisgarh.
2.   Smt. Pooja Dewangan W/o Shri I.J. Dewangan Aged About 25
     Years Working As Investigator At Office Of Block Education Officer,
     Patan District Durg Chhattisgarh.
                                                             ---- Petitioners
                                   Versus
1.   State of Chhattisgarh Through The Secretary, School Education
     Department, Mahanadi Bhawan, Atal Nagar, New Raipur
     Chhattisgarh.
2.   Director Chhattisgarh Public Instruction, Indrawati Bhawan, Atal
     Nagar, New Raipur, District Raipur Chhattisgarh.
                                                          ---- Respondents

(Cause-title taken from Case Information System)

For Petitioners : Mr. Somkant Verma, Advocate. For Respondents : Ms. Astha Shukla, Government Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Gautam Chourdiya, Judge

Judgment on Board

Per Arup Kumar Goswami, Chief Justice

09.03.2022

Heard Mr. Somkant Verma, learned counsel for the petitioners. Also

heard Ms. Astha Shukla, learned Government Advocate, appearing for

the respondents.

2. This writ petition was filed on 15.12.2020, challenging validity of the

Rule 6, Scheduled-II Serial No.19 of the Chhattisgarh School Education

Service (Educational and Administrative Cadre) Recruitment and

Promotion Rules, 2019.

3. Registry had pointed out a numbers of defects.

4. On 23.03.2021, two weeks' time was granted to the petitioners to

cure the defects. It appears that defects were not cured and order of the

Court dated 01.12.2021 goes to show that on request being made by Mr.

Verma, two weeks' further time was granted with a direction to list this

case as and when defects are cured. But, as even after more than three

months defects were not cured, Registry has again listed the matter

before the Court.

4. Mr. Verma submits that despite repeated requests, the petitioners

are not assisting him to remove the defects and it is in that circumstance,

he makes a prayer before the Court to permit him to withdraw this writ

petition with liberty to file afresh, if the petitioners are still interested to

pursue the relief sought for in the petition.

5. Ms. Astha Shukla, learned Government Advocate does not have

any objection to the course of action proposed by Mr. Verma.

5. In that view of the matter, without expressing any opinion on the

merits of the case, the writ petition is dismissed on withdrawal with liberty

to the petitioners to file afresh, if so advised.

                     Sd/-                                         Sd/-
           (Arup Kumar Goswami)                            (Gautam Chourdiya)
                Chief Justice                                    Judge
Hem