Chattisgarh High Court
Bhawana Ravi Singh vs State Of Chhattisgarh on 22 November, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 426 of 2022
1. Anil Kumar Nirmalkar S/o Baliram Nirmalkar Aged About 36 Years
Posted At R.R.V. Government Middle School Neora, Development
Block No. 1, Tilda, Raipur,, District : Raipur, Chhattisgarh
2. Purushottam Lal Dilliwar S/o Lok Nath Dilliwar Aged About 38
Years Posted At Government High School Temri, Development
Block Dhamdha, District : Durg, Chhattisgarh
3. Neeta Sahu D/o Vishwanath Sahu Aged About 37 Years Posted At
Government Higher Secondary School Bidhidih, Development
Block Pithora, District : Mahasamund, Chhattisgarh
4. Uday Kumar Verma S/o Shankarlal Gajendra Aged About 30
Years Posted At Government Higher Secondary School
Rengakatera Block Ambagarh Chowki, District : Rajnandgaon,
Chhattisgarh
5. Gopilal Baghel S/o Ujitram Baghel Aged About 36 Years Posted At
Government Higher Secondary School Kumari, Development
Block Dhamdha,, District : Durg, Chhattisgarh
6. Saket Katlam S/o Late Ramji Katlam Aged About 35 Years Posted
At Government Higher Secondary School Kesarpal, Development
Block Bastar, District : Bastar(Jagdalpur), Chhattisgarh
7. Tameshwar Jangde S/o Bulakidas Jangde Aged About 38 Years
Posted At Government Higher Secondary School Torla,
Development Block Abhanpur, District : Raipur, Chhattisgarh
8. Jyoti Taram D/o Kishanlal Taram Aged About 39 Years Posted At
Government Girls Higher Secondary School Kuakonda,
Development Block Kuakonda, District : Dantewada, Chhattisgarh
9. Eti Pradhan D/o Sudhir Pradhan Aged About 43 Years Posted At
Government Higher Secondary School Kishanpur, Development
Block Pithora, District : Mahasamund, Chhattisgarh
10. Maheshar Sinha S/o Rikhiram Sinha Aged About 29 Years Posted
At Government Higher Secondary School Budeli, Development
Block Naharpur, District : Kanker, Chhattisgarh
11. Omin Kurre S/o Late Lalit Kumar Kurre Aged About 44 Years
Posted At Government Higher Secondary School Thuha,
Development Block Naharpur, District : Kanker, Chhattisgarh
12. Kharun Prasad Grihitlehre S/o Samaru Ram Aged About 34 Years
2
Posted At Government New Primary School Bhatapara, Rewa,
Development Block Arang, District : Raipur, Chhattisgarh
13. Anand Kumar Pandey S/o Late Dindayal Pandey Aged About 44
Years Posted At Government Primary School Sagni, Development
Block Dhamdha, District : Durg, Chhattisgarh
14. Dharmendra Kumar Sharavan S/o Shri Amit Ram Sharawan Aged
About 46 Years Posted At Government Higher Secondary School
Khallari, Development Block Dodli, District : Balod, Chhattisgarh
15. Homlal Dewangan S/o Ramgulam Dewangan Aged About 31
Years Posted At Government Higher Secondary School Gudguda,
Development Block Kurud, District : Dhamtari, Chhattisgarh
16. Triveni Chaturvedi D/o Mahattru Chaturvedi Aged About 40 Years
Posted At Government Higher Secondary School Kura,
Development Block Bemetara, District : Bemetara, Chhattisgarh
17. Ramkumari Dewan D/o Chatursingh Dewan Aged About 39 Years
Posted At Government High School Chindaula, Development
Block Gariyaband, District : Gariyabandh, Chhattisgarh
18. Nohar Lal Grihitlehre S/o Ram Kumar Grihitlehre Aged About 32
Years Posted At Government Higher Secondary School Khairjhitih
Purana, Development Block Pandariya, District : Kawardha
(Kabirdham), Chhattisgarh
19. Siyaram Sahu S/o Premlal Sahu Aged About 48 Years Posted At
Government Middle School Kugda, Development Block Chura,
District : Gariyabandh, Chhattisgarh
20. Seema Sharma D/o Dr. Maneesh Sharma Aged About 35 Years
Posted At Government Higher Secondary School Kukrel,
Development Block Nagri, District : Dhamtari, Chhattisgarh
21. Doodhnath Sahu S/o Kashiram Sahu Aged About 33 Years Posted
At Government Primary School Vanjamguda Development Block
Konta, District : Sukuma, Chhattisgarh
22. Dr. Gopa Sharma S/o Shri Anurag Sharma Aged About 47 Years
Posted At Government Middle School Pandit Ravi Shukla
University Raipur, Development Block Dharsiwa, District : Raipur,
Chhattisgarh
23. Chandrakali Bhartiya D/o Ralesh Kumar Bhartiya Aged About 31
Years Posted At Government Higher Secondary School
Khapradih, Development Block Simga, District : Balodabazar-
Bhathapara, Chhattisgarh
3
24. Anita Thakur D/o Ishwarlal Thakur Aged About 33 Years Posted At
Government Primary School Palaud, Development Block Arang,
District : Raipur, Chhattisgarh
25. Ghanshyam Dewangan S/o Tirathram Dewangan Aged About 33
Years Posted At Government Higher Secondary School
Sambalpur, Development Block Navagaon, District : Bemetara,
Chhattisgarh
26. Chandrakant Belgahe S/o Gannuram Belgahe Aged About 40
Years Posted At Goverment Middle School Nadi Charauda,
Development Mahasamund, Chhattisgarh.
27. Ramesh Kumar Bhuarya S/o Chaitram Bhuarya Aged About 36
Years Posted At Government Primary School Bhimpuri,
Development Block Mohla, District : Rajnandgaon, Chhattisgarh
28. Smirit Dubey D/o Virendra Kumar Dubey Aged About 39 Years
Posted At Government Higher Secondary School Amleshwar,
Development Block Patan, District : Durg, Chhattisgarh
29. Sujata Pandey S/o Vyas Narayan Pandey Aged About 34 Years
Posted At Government Primary School Chorbhatti, Development
Block Bemetara, District : Bemetara, Chhattisgarh
30. Khooblal S/o Tularam Aged About 36 Years Posted At
Government Higher Secondary School Bagatrai, Development
Block Dhamtari, District : Dhamtari, Chhattisgarh
31. Kirti Sahu D/o Kunwar Singh Aged About 33 Years Posted At
Kanya Ashram Government Madka Miras Development,
Development Block Kuaonkonda, District : Dantewada,
Chhattisgarh
32. Radhika Soni D/o Tirat Ram Soni Aged About 30 Years Posted At
Government Higher Secondary School Buchatola, Development
Block Churiya,, District : Rajnandgaon, Chhattisgarh
33. Gausiya Nasreen D/o Mahoammad Baseed Aged About 33 Years
Posted At Government Higher Secondary School Damakheda,
Development Block Simga,, District : Balodabazar-Bhathapara,
Chhattisgarh
34. Laxmi Prasad Shyam S/o Jawahar Singh Shyam Aged About 40
Years Posted At Government Higher Secondary School Batar,
Development Block Bemetara, District : Bemetara, Chhattisgarh
35. Rakesh Kumar Rajak S/o Banwariram Aged About 33 Years
Posted At Government Higher Secondary School Navagaon,
Development Block Kurud, District : Dhamtari, Chhattisgarh
36. Ravi Kumar Pandey S/o Hemlal Pandey Aged About 30 Years
4
Posted At Government Higher Secondary School Rengaketera,
Development Block Chowki, District : Rajnandgaon, Chhattisgarh
---- Appellants
Versus
1. State of Chhattisgarh Through Secretary, Department of School
Education, Mahanadi Bhawan, Mantralaya New Raipur, District :
Raipur, Chhattisgarh
2. Director State Council of Education Research And Training
Chhattisgarh Shankar Nagar, Raipur, District : Raipur,
Chhattisgarh
3. Block Education Officer Block Raipur, District : Raipur,
Chhattisgarh
4. Principal Government College For Teachers Education Shankar
Nagar (Cte), Raipur, District : Raipur, Chhattisgarh
5. Shweta Khare D/o Himanshu Khare Posted At Government Higher
Secondary School Badbeda, Development Block Pithora, District :
Mahasamund, Chhattisgarh
6. Harish Kumar Gajendra S/o Shankarlal Gajendra Posted At
Government Middle School Khirkhitola, Development Block
Dhamtari, District : Dhamtari, Chhattisgarh
7. Bhavna Ravi Singh W/o Ravi Singh Rajput Posted At Government
Primary School Odiyakhurd, Development Block Sahaspur
Lohara, District : Kawardha (Kabirdham), Chhattisgarh
8. Rekha Sahu D/o Lakhendra Kumar Sahu Posted At Government
Higher Secondary School Gurja, Development Block Patan,
District : Durg, Chhattisgarh
9. Rajeshwari Patel D/o Bhikham Patel Posted At Government Girls
Higher Secondary School Kanchari, Development Block
Khairagarh, District : Rajnandgaon, Chhattisgarh
10. Yewashwari Kesri D/o Balkrishna Kesri Posted At Government
Adarsh Girls Higher Secondary School Kawardha, Development
Block Kawardha, District : Kawardha (Kabirdham), Chhattisgarh
11. Geeta Khute D/o Ramgopal Khute Posted At Government Primary
School Bonda Saraipali, Development Block Saraipali, District :
Mahasamund, Chhattisgarh
12. Vapustama Chouhan D/o Chandrapal Singh Chandel Posted At
Government Higher Secondary School Rohansi, Development
Block Palari, District : Balodabazar-Bhathapara, Chhattisgarh
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13. Bhagwat Prasad Soni S/o Shri Dev Lal Soni Aged About 49 Years
R/o Sasapoli, Ward No. 01, Tilda, Police Station Neora,, District :
Raipur, Chhattisgarh
---- Respondents
WA No. 480 of 2022
1. Bhawana Ravi Singh W/o Ravi Singh Rajput Aged About 33 Years
Assistant Tearcher (LB), Posted Government Primary School
Odiyakhurd, Development Block Sahaspur Lohara, District
Kawardha (C.G.)
2. Vapustama Chouhan W/o Chandrapal Singh Chandel Aged About
36 Years Lecturer (LB) Posted At Government Higher Secondary
School Rohagi, Development Block Palari, District Baloda Bazar
Bhatapara (C.G.)
3. Rajeshwari Patel W/o Bhikham Patel, Assistant Teacher (LB)
Posted At Government Girls Higher Secondary School Kanchari,
Development Block Khairagarh, District Rajnandgaon (C.G.)
---- Appellants
Versus
1. State of Chhattisgarh Through Secretary, Department of School
Education, Mahanadi Bhawan, Mantralaya New Raipur, District
Raipur (C.G.)
2. Director State Council of Educational Research And Training
Chhattisgarh Shankar Nagar, Raipur, District Raipur (C.G.)
3. Block Education Officer Block Raipur District Raipur (C.G.)
4. Principal Government College For Teachers Education Shankar
Nagar (Cte) Raipur District Raipur (C.G.)
5. Anil Kumar Nirmalkar S/o Baliram Nirmalkar Aged About 36 Years
Posted At Rrv Govt Middle School Newra Devlopment Block No. 1
Tilda Raipur District Raipur (C.G.)
6. Purushottam Lal Dilliwar S/o Lok Nath Dilliwar Aged About 38
Years Posted At Government High School Temri, Development
Block Dhamdha, District Durg (C.G.)
7. Neeta Sahu D/o Vishwanath Sahu Aged About 37 Years Posted At
Government Higher Secondary School Bidhidih, Development
Block Pithora, District Mahasamund (C.G.)
8. Uday Kumar Verma S/o Shankarlal Gajendra Aged About 30
Years Posted At Government Higher Secondary School
Barhaspur, Development Block Dhamdha, District Durg (C.G.)
9. Gopilal Baghel S/o Ujitram Baghel Aged About 36 Years Posted At
Government Higher Secondary School Kumari, Development
Block Dhamdha, District Durg (C.G.)
10. Saket Katlam S/o Late Ramji Katlam Aged About 35 Years Posted
At Government Higher Secondary School Kesarpal, Development
Block Bastar, District Bastar (C.G.)
11. Tameshwar Jangde S/o Bulakidas Jandge Aged About 38 Years
Posted At Government Higher Secondary School Torla,
Development Block Abhanpur, District Raipur (C.G.)
12. Jyoti Taram D/o Kishanlal Taram Aged About 39 Years Posted At
Government Girls Higher Secondary School Kuakonda,
Development Block Kuakonda, District Dantewada (C.G.)
13. Eti Pradhan D/o Sudhir Pradhan Aged About 43 Years Posted At
Government Girls Higher Secondary School Kishanpur,
Development Block Pithora, District Mahasamund (C.G.)
14. Maheshar Sinha S/o Rikhiram Sinha Aged About 29 Years Posted
At Government Higher Secondary School Budeli, Development
Block Naharpur, District Kanker (C.G.)
15. Omin Kurre S/o Late Lalit Kumar Kurre Aged About 44 Years
Posted At Government Higher Secondary School Thuha,
Development Block Naharpur, District Kanker (C.G.)
16. Kharun Prasad Grihitlehre S/o Somaru Ram Aged About 34 Years
Posted At Government New Primary School Bhatapara, Rewa,
Development Block Arang District Raipur (C.G.)
17. Anand Kumar Pandey S/o Late Dindayal Pandey Aged About 44
Years Posted At Government Primary School Sagni, Development
Block Dhamdha, District Durg (C.G.)
18. Dharmendra Kumar Sharavan S/o Shri Amit Ram Sharawan Aged
About 46 Years Posted At Government Higher Secondary School
Khallari, Development Block Dodli District Balod (C.G.)
19. Homlal Dewangan S/o Ramgulam Dewangan Aged About 31
Years Posted At Government Higher Secondary School Gudguda,
Development Block Kurud, District Dhamtari (C.G.)
20. Triveni Chaturvedi D/o Mahattru Chaturvedi Aged About 40 Years
Posted At Government Higher Secondary School Kura,
Development Block Bemetara, District Bemetara (C.G.)
21. Ramkumari Dewan D/o Chatursingh Dewan Aged About 39 Years
Posted At Government High School Chindaula Development
Block Gariyaband, District Gariyaband (C.G.)
22. Nohar Lal Grihitlehre S/o Ram Kumar Grihitlehre Aged About 32
Years Posted At Government Higher Secondary School Khairjhitih
Purana, Development Block Pandariya, District Kawardha (C.G.)
23. Siyaram Sahu S/o Premlal Sahu Aged About 48 Years Posted At
Government Middle School Kugda, Development Block Chura,
District Gariyaband (C.G.)
24. Seema Sharma D/o Dr. Maneesh Sharma Aged About 35 Years
Posted At Government Higher Secondary School Kukrel,
Development Block Nagri, District Dhamtari (C.G.)
25. Doodhnath Sahu S/o Kashiram Sahu Aged About 33 Years Posted
At Government Primary School Vanjamguda, Development Block
Konta, District Sukma (C.G.)
26. Dr. Gopa Sharma S/o Shri Anurag Sharma Aged About 47 Years
Posted At Government Middle School Pandit Ravi Shukla
University Raipur, Development Block Dharsiwa, District Raipur
(C.G.)
27. Chandrakali Bhartiya D/o Ralesh Kumar Bhartiya Aged About 31
Years Posted At Government Higher Secondary School
Khapradih, Development Block Simga, District Baloda Bazar
Bhatapara (C.G.)
28. Anita Thakur D/o Ishwarlal Thakur, Aged About 33 Years Posted
At Government Primary School Palaud, Development Block
Arang, District Raipur Chhattisgarh.
29. Ghanshyam Dewangan S/o Tirathram Dewangan, Aged About 33
Years Posted At Government Higher Secondary School
Sambalapur, Development Block Navagaon, District Bemetara
Chhattisgarh.
30. Chandrakant Belgahe, S/o Gannuram Belgahe, Aged About 40
Years Posted At Government Middle School Nadi Charauda,
Development Block Pithora, District Mahasamund Chhattisgarh.
31. Ramesh Kumar Bhuarya, S/o Chaitram Bhuarya Aged About 36
Years Posted At Government Primary School Bhimpuri,
Development Block Mohal, District Rajnandgaon Chhattisgarh.
32. Smirit Dubey, D/o Virendra Kumar Dubey, Aged About 39 Years
Posted At Government Higher Secondary School Amleshwar,
Development Block Patan, District Durg Chhattisgarh.
33. Sujata Pandey, S/o Vyas Narayan Pandey, Aged About 34 Years
Posted At Government Primary School Chorbhatti, Development
Block Bemetara, District Bemetara Chhattisgarh.
34. Khooblal, S/o Tularam, Aged About 36 Years Posted At
Government Higher Secondary School Bagatrai, Development
Block Dhamtari, District Dhamtari Chhattisgarh.
35. Kirti Sahu D/o Kunwar Singh Aged About 33 Years Posted At
Kanya Ashram Government Madka Miras Development,
Development Block Kuaonkonda, District Dantewada
Chhattisgarh.
36. Radhika Soni, D/o Tirat Ram Soni, Aged About 30 Years Posted At
Government Higher Secondary School Buchatola, Development
Block Churiya, District Rajnandgaon Chhattisgarh.
37. Gausiya Nasreen, D/o Mahoammad Baseed, Aged About 33
Years Posted At Government Higher Secondary School
Damakheda, Development Block Simga, District Baloda Bazar
Bhatapara Chhattisgarh.
38. Laxmi Prasad Shyam S/o Jawahar Singh Shyam Posted At
Government Higher Secondary School Batar, Development Block
Bemetara, District Bemetara Chhattisgarh.
39. Rakesh Kumar Rajak, S/o Banwariram, Aged About 33 Years
Posted At Government Higher Secondary School Navagaon,
Development Block Kurud, District Dhamtari Chhattisgarh.
40. Ravi Kumar Pandey S/o Hemlal Pandey, Aged About 30 Years
Posted At Government Higher Secondary School Rengaketera,
Development Block Chowki, District Rajnandgaon, Chhattisgarh.
41. Shweta Khare, D/o Himanshu Khare, Posted At Government
Higher Secondary School Badbeda, Development Block Pithora,
District Mahasamund Chhattisgarh.
42. Harish Kumar Gajendra, S/o Shankarlal Gajendra, Posted At
Government Middle School Khirkhitola, Development Block
Dhamtari, District Dhamtari Chhattisgarh.
43. Rekha Sahu D/o Lakhendra Kumar Sahu Posted At Government
Higher Secondary School Gurja, Development Block Patan,
District Durg Chhattisgarh.
44. Geeta Khute, D/o Ramgopal Khute, Posted At Government
Primary School Bonda Saraipali, Development Block Saraipali,
District Mahasamund Chhattisgarh.
45. Yogeshwari Keshri D/o Balkrishna Kesri, Aged About 30 Years
Assistant Teacher (LB) Posted At Government Adarsh Girls Higher
Secondary School Kawardha, Development Block Kawardha,
District Kawardha Chhattisgarh.
46. Bhagwat Prasad Soni S/o S/o Dev Lal Soni R/o Sasapoli Ward
No. 1 Tilda P.S. Newra District Raipur Chhattisgarh.
---- Respondents
WA No. 499 of 2022
1. Bhawana Ravi Singh W/o Ravi Singh Rajput, Aged About 33
Years Assistant Teacher (LB) Age 33 Year Posted At Government
Primary School Odiyakhurd, Development Block Sahaspur
Lohara, District Kawardha Chhattisgarh.
2. Vapustama Chouhan, W/o Chandrapal Singh Chandel, Aged
About 36 Years Lecturer (LB) Posted At Government Higher
Secondary School, Rohagi, Development Block Palari, District
Balodabazar Bhatapara Chhattisgarh.
3. Rajeshwari Patel W/o Bhikham Patel, Assistant Teacher (L.B.)
Posted At Government Girls Higher Secondary School Kanchari,
Development Block Khairagarh, District Rajnandgaon
Chhattisgarh.
---- Appellants
Versus
1. State of Chhattisgarh Through Secretary, Department of School
Education, Mahanadi Bhawan, Mantralaya New Raipur, District
Raipur Chhattisgarh.
2. Director, State Council of Educational Research And Training
Chhattisgarh, Shankar Nagar, Raipur, District Raipur
Chhattisgarh.
3. Principal, Government College For Teachers Education, Shankar
Nagar, (CTE) Raipur, District Raipur Chhattisgarh.
4. Yogeshwari Keshri, D/o Balkrishna Keshri, Posted At Government
Adarsh Girls Higher Secondary School, Kawardha, Development
Block And District Kawardha Chhattisgarh.
---- Respondents
(Cause-title taken from Case Information System)
Writ Appeal No.426 of 2022
For Appellants : Mr. Ajay Shrivastava, Advocate
For Respondents No.1 to 4 : Mr. Vikram Sharma, Deputy Govt. Advocate
For Respondent No.10 : Mr. C. Jayant K. Rao, Advocate
For Respondent No.13 : Ms. Aditi Singhvi, Advocate
Writ Appeal No.480 of 2022
For Appellants : Mr. Vinod Deshmukh and Mr. Shashi Kumar
Kushwaha, Advocates
For Respondents No.1 to 4 : Mr. Vikram Sharma, Deputy Govt. Advocate
For Respondent No.45 : Mr. C. Jayant K. Rao, Advocate
For Respondent No.46 : Ms. Aditi Singhvi, Advocate
Writ Appeal No.499 of 2022
For Appellants : Mr. Vinod Deshmukh and Mr. Shashi Kumar
Kushwaha, Advocates
For Respondents No.1 to 3 : Mr. Vikram Sharma, Deputy Govt. Advocate
For Respondent No.4 : Mr. C. Jayant K. Rao, Advocate
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Sanjay Agrawal, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
22.11.2022
Heard Mr. Ajay Shrivastava, learned counsel for the appellants in
Writ Appeal No.426 of 2022 as well as Mr. Vinod Deshmukh and Mr.
Shashi Kumar Kushwaha, learned counsel for the appellants in Writ
Appeal No.480 of 2022 & Writ Appeal No.499 of 2022. Also heard Mr.
Vikram Sharma, learned Deputy Government Advocate, appearing for
respondents No.1 to 4 in Writ Appeal No.426 of 2022 & Writ Appeal
No.480 of 2022 and respondents No.1 to 3 in Writ Appeal No.499 of
2022, Mr. C. Jayant K. Rao, learned counsel, appearing for respondent
No.10 in Writ Appeal No.426 of 2022, respondent No.45 in Writ Appeal
No.480 of 2022 & respondent No.4 in Writ Appeal No.499 of 2022 as
well as Ms. Aditi Singhvi, learned counsel, appearing for respondent
No.13 in Writ Appeal No.426 of 2022 & respondent No.46 in Writ Appeal
No.499 of 2022.
2. By an order dated 18.07.2022, the learned Single Judge disposed
of two writ petitions, namely, WPS No.3873 of 2020 and WPS No.4031
of 2022. The petitioner in WPS No.3873 of 2020 is one Bhagwat Prasad
Soni and the petitioners in WPS No.4031 of 2022 are Yogeshwari
Keshari, Bhawana Ravi Singh, Vapustama Chauhan and Rajeshwari
Patel.
3. While there are 44 private respondents in WPS No.3873 of 2020,
there is no private respondent in WPS No.4031 of 2022.
4. The petitioners in WPS No.3873 of 2020 and WPS No.4031 of
2022 and the private respondents in WPS No.3873 of 2022 are in-
service candidates and are posted as Teachers in various schools. All of
them have B.Ed. qualification.
5. Writ Appeal No.426 of 2022, initially, was filed against both the writ
petitions, but subsequently, it is noted in the order dated 10.08.2022 that
the appeal may be taken to have been preferred against the order dated
18.07.2022 passed in WPS No.3873 of 2020 only. Writ Appeal No.426
of 2022 is filed by 36 out of 44 respondents in WPS No.3873 of 2020.
6. Writ Appeal No.480 of 2022 is preferred by three of the writ
petitioners, namely, Bhawana Ravi Singh, Vapustama Chauhan and
Rajeshwari Patel in WPS No.4031 of 2022 against the order dated
18.07.2022 passed in WPS No.3873 of 2020.
7. Writ Appeal No.499 of 2022 is preferred by three of the writ
petitioners, namely, Bhawana Ravi Singh, Vapustama Chauhan and
Rajeshwari Patel in WPS No.4031 of 2022 against the order dated
18.07.2022 passed in WPS No.4031 of 2022.
8. Yogeshwari Kesari, who was also the petitioner in WPS No.4031
of 2022 has not preferred any appeal.
9. An advertisement dated 21.05.2020 was issued for admission in
Government College for Teachers Education for M.Ed. course for
academic session 2020-22. Six vacancies for direct recruitment and 44
vacancies for departmental candidates were notified. According to the
petitioner in WPS No. 3873 of 2020, in terms of the advertisement,
selection was to be made on merit on the basis of marks obtained in an
examination to be conducted on 05.08.2020.
10. The allegation of the writ petitioner in WPS No. 3873 of 2020 is
that without conducting any examination and without any prior notice, a
final select list was published on 15.09.2020 on the strength of letters
dated 21.05.2020 and 05.08.2020 on the basis of marks obtained by the
departmental candidates in B.Ed. / D.Ed. Challenge was accordingly
made to the letter dated 05.08.2020 and select list dated 15.09.2020.
11. An interim order was passed on 01.10.2020 in WPS No. 3873 of
2020 directing that there shall be no finalization to the admission in
M.Ed. course (Departmental) pursuant to merit list dated 15.09.2020.
12. While that interim order was continuing, an advertisement dated
27.05.2022 was issued for the session 2022-24 in M.Ed. course
(Departmental).
13. This advertisement came to be challenged in WPS No.4031 of
2022 raising various contentions.
14. The four petitioners in WPS No. 4031 of 2022 were also the
respondents in WPS No.3873 of 2020.
15. The learned Single Judge disposed of the writ petitions without
going to the merits of the cases, as follows :
"4. Since admission process for the 2020-
2022 could not be finalised because of the
interim order and in view of the subsequent
advertisement, the examination is to be held
on
20.07.2022, this Court is of the view that the
petitioners in both the petitions be allowed to
participate in the ongoing competitive
examination for admission in MEd Course
(departmental) against advertisement dated
27.05.2022. The NOC which was issued to
them earlier by their respective employers
shall be accepted for the purpose of this
examination. If they have not applied for this
exam, they may be permitted to submit their
application form physically before SCERT,
Raipur by tomorrow i.e. 19.07.2022.
The SCERT is directed to allow the petitioners
to participate in the written examination which
is scheduled to be conducted on 20.07.2022
or any date pursuant to advertisement dated
27.05.2022.
5. With the aforesaid observations &
directions, both the petitions are disposed of."
16. The subsequent advertisement dated 27.05.2022 was for the very
same 44 numbers of vacancies, which are the subject matter in WPS
No.3873 of 2020, and therefore, both the petitions are intrinsically inter-
linked.
17. In that perspective, we are of the considered opinion that WPS
No.3873 of 2020 ought to have been decided on merits as validity of the
advertisement would be largely dependent on the outcome of WPS
No.3873 of 2020. By the order impugned, legitimacy of the
advertisement was not adverted to.
18. In that view of the matter, the impugned order dated 18.07.2022
passed in WPS No.3873 of 2020 and WPS No.4031 of 2022, is set
aside and the writ petitions are remanded back to the learned Single
Judge having roster for disposal in accordance with law on merits.
19. Till the writ petitions are decided, the result of the examination
held on 31.07.2022 shall not be declared.
20. We are of the opinion that as these matters relate to admission to
M.Ed course, an early resolution is called for.
21. Accordingly, Registry is directed to list these cases before the
learned Single Judge having roster on 05.12.2022 at the top of the list.
Sd/- Sd/-
(Arup Kumar Goswami) (Sanjay Agrawal)
Chief Justice Judge
Anu
