[Cites 1, Cited by 0]
Chattisgarh High Court
Hemanshi Sahu vs State Of Chhattisgarh on 8 April, 2026
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
BABLU
RAJENDRA
WPPIL No. 22 of 2016
BABLU
RAJENDRA BHANARKAR
BHANARKAR Date:
2026.04.08
18:08:58
+0530
C. V. Bhagvant Rao versus Union Of India
WPC/3567/2025,WPC/3569/2025,WPC/3572/2025,WPC/
3570/2025,WPC/3573/2025,WPC/3574/2025,WPC/414/2026,WPC/
2345/2022,WPC/4588/2025,WPC/3095/2025,WPC/
3106/2025,WPC/3107/2025,WPC/3112/2025
Order Sheet
08/04/2026 Heard Mr. Devershi Thakur, learned counsel for
the petitioner in WPPIL No. 22/2016, Mr. Rahul Ambast,
learned counsel for the petitioner in WPC No. 2345/
2022 and for respondent Nos.34, 35, 36, 37, 39, 40, 41
& 47 in WPPIL No. 22/2016, Ms.Sweeksha Sharma,
learned counsel for the petitioners in WPC Nos.
3095/2025, 3106/2025, 3107/2025 and 3112/2025,
Mr.Aman Tamrakar, learned counsel for the petitioner in
WPC No.3567/2025, Mr. Tarendra Kumar Jha, learned
counsel for the petitioners in WPC Nos. 3569/2025,
3570/2025, 3572/2025, 3573/2025 and 3574/2025 and
for intervenors in WPPIL No.22/2016, Mr. Shrikant
Kaushik, learned counsel for the petitioner in WPC No.
4588/2025, Mr. Manoj Paranjpe, learned Senior
Advocate assisted by Mr. Sharad Mishra, learned
counsel for the petitioner in WPC No. 414/2026, Mr.
Vikash Tiwari, appearing in person for Intervenor and
Ms.Vagisha Tiwari, learned counsel appearing for the
Interveners. Also heard Mr. Prasun Kumar Bhaduri,
learned Deputy Advocate General, appearing for the
respondent/State, Ms.Annapurna Tiwari, learned
Central Government Counsel for the respondent -
Union of India, Mr. C.R.Sahu, learned counsel for the
respondent No. 32, Mr. Rishabh Gupta, learned
counsel for the respondents No. 33 and 46, Mr. Shrejal
Gupta holding brief of Mr. Vaibhav Shukla, learned
counsel, appearing for respondent No.38, Mr. Abhishek
Sinha, learned Senior Advocate assisted by Ms.Jasleen
Gulati and Ms.Amisha Sinha, learned counsel
appearing for respondent No.42, Mr. Anuroop Panda,
learned counsel appearing for respondents No.48, 49
and 50 in WPPIL No.22/2016 and Mr.Sunil Otwani,
learned Senior Advocate assisted by Mr.Deepak
Sharma, learned counsel appearing for respondent
No.51.
In compliance of the Court's order dated
24.03.2026 and 04.04.2026, the Joint Secretary,
Department of School Education, Government of
Chhattisgarh, has filed her personal affidavit which is
reproduced hereinbelow:-
"1. At the outset, the deponent respectfully
submits that, the deponent is duty bound to
follow all the directions & orders passed by
this Hon'ble Court from time to time and is
having deepest & highest regard for this
Hon'ble Court. She shall take all measures
to ensure compliance of the orders and
directions of this Hon'ble Court and shall
leave no stone unturned to see that the
commands of this Hon'ble Court are
compiled and obeyed.
2. It is submitted that on 24.03.2026, when
on the last date of hearing the PIL was
heard, the Respondent State affidavit was
considered and while considering the same
on submission made by learned counsel for
the petitioner pertaining the previous
affidavit of 20.06.2024, which was
submitted in compliance of earlier Court
order dated 10.06.2024, seats for EWS
Quota under Right Education Act for
academic sessions 2021-2022, 2022 2023
and 2023-2024 was noted to be high,
whereas for the current session the seats
were pointed out to have come down. On
this aspect of the matter attention was
drawn by learned counsel for the petitioner
and in this regard, it is submitted that up till
the academic session 2023-2024 the
announcement and declaration of seats
was made on the basis of declaration given
by the respondent schools and therefore,
the seats were on the high side.
3. It is submitted that, however, the
Department of Education noticed that the
schools do not provide a correct number of
seats and therefore from the academic
session 2023-2024 onwards, the
department took a decision to confine the
numbers only to the actual number of
enrolled students in the entry class in
respective schools of Chhattisgarh. Thus,
the extra and excessive number of seats
reported by the schools for the previous
academic sessions with respect to which
the affidavit of 20.06.2024 was filed.
4. It is submitted that; it is clarified that, the
figure of previous academic sessions were
on the higher side also because pre-school
category number of seats were also
included. Whereas, now, by way of a policy
decision dated 16.12.2025, the Government
has decided to apply the EWS Quota for
RTE Act strictly in accordance with the
provisions of the RTE Act 2009 and the
provisions of the Constitution and thus has
decided to give benefit only to children in
age category 06 to 14 years. Therefore,
there was a surge in the number of seats in
the academic sessions of 2021-2022, 2022-
2023 and 2023-2004. It is not the case that
the State has arbitrarily reduced the number
of seats and in view of the policy decision
dated 16.12.2025, the calculation of seats is
now only confined to the children of age 06
to 14 beginning with Class 1. Copy of policy
decision dated 16.12.2025 is annexed
herewith as DOC.-1.
5. It is submitted that, as far as the
complaint against Sri Sankara Vidyalaya,
Sector 10, Bhilai is concerned, wherein it
was complained that the schools is existing
only on paper, the District Education Officer,
Durg as communicated by way of letter
dated 02.04.2026 that the school has been
inspected and it has found to be functional
with building and other facilities,
photographs of the premises were also
taken and it has thus come to the
conclusion that the complaint is not
genuine. The school has also provided a
letter of land allotment dated 23.11.1991
issued by the Steel Authority of India
Limited -Bhilai Steel Plant for construction
of school. Therefore, the allegation that the
school is operating only on paper is not
correct. Copy of letter dated 02.04.2026
alongwith photographs and letter of
allotment of land dated 23.11.1991 are
collectively annexed herewith as DOC.-2
(Colly).
6. It is submitted that, as far as the
complaint against the Narayana E-Techno
School is concerned, which was regarding
the NCERT Text Books is concerned, and
the complaint against the Brilliant Public
School which has compelled the students to
give Board Examination for Class V and VIII
after they have appeared in the Board
Examination for the said classes is
concerned, the information provided with
respect to Narayana School by District
Education Officer, Bilaspur by letter dated
27.03.2026 is that complaint in this regard
was received on 20.03.2026 and an enquiry
has been conducted which reveals that
Narayana E-Techno School, Ameri Road,
21.08.2025 to 21.08.2028 for Class Nursery
to VIII.
7. It is submitted that; the enquiry report has
indicated that the Narayana E-Techo School
is operating with recognition and with
respect to the Board Examinations for
Classes V and VIII due consent was taken
from parents of the concerned students, in
this regard point no.VIII of the enquiry
report is relevant. Further it is submitted
that, the school has been recognized by
Central Board of Secondary Education by
way of the order dated 19.11.2025 which is
effective from 01.04.2026 to 31.03.2031
and that, the school is operating in
accordance with the Rules and Procedures
of the Department of Education. Copy of
enquiry report alongwith the letter of District
Education Officer, Bilaspur dated
27.03.2026 is annexed collectively herewith
as DOC.-3 (Colly).
8. It is submitted that, with respect to the
pendency of complaints with District
Education Officer, Durg is concerned, the
District Education Officer, Durg has
informed by way of letter dated 02.04.2026
that so far 77 complaints have been looked
into and 41 complaints still remaining, the
total number of complaint was 118.
9. It is submitted that, by way of letter no.
6151 dated 19.03.2026 the District
Education Officer, Durg has provided detail
on the disposal of 77 complaints Copy of
letter no. 6151 dated 19.03.2026 with detail
of 77 disposed complaints is collectively
annexed herewith as DOC.-4 (Colly), It is
submitted that, in the chart provided with
the letter dated 19.03.2026, the complaint
numbers have been mentioned in column
no.2 and the complaint numbers when
totaled are 77 in numbers further as there
were more than one complaint regarding
student or a particular school, the said
multiple complaints have been shown
against one common serial number which is
at column no.1. On 06.04.2026 the District
Education Officer, Durg has informed by
way of Wetter dated 06.04.2026 that out of
the 41 complaints 24 complaints have been
disposed and he has provided detail of the
said complaints. However, there are 17
domplaints which are still awaiting decision
and they would be complied with soon.
Copy of letter dated 06.04.2026 with the
details is collectively annexed herewith as
DOC.-5 (Colly).
10. It is submitted that; further, the petitioner
Shree Bhagvant Rao has been informed by
the District Education Officer by letter dated
18.03.2026 that the 18 complaints that were
made by him have been looked into and the
documents of the concerned students have
been found to be valid. Copy of letter dated
18.03.2026 alongwith the chart is
collectively annexed herewith as DOC.-6
(Colly).
11. It is submitted that, in so far as the
complaints against Brilliant Public School at
Vyapar Vihar and Mission Hospital Road
(both at Bilaspur) is concerned. The District
Education Officer, Bilaspur has informed by
way of letter dated 23.03.2026 that the
school did commit lapse in wrongly
projecting themselves to be affiliated with
Central Board of Secondary Education and
that this created confusion in the mind of
the parents of the students. Further, it has
been informed by the Block Education
Officer, Bilha that that lapse on part of the
school has resulted in causing confusion to
the stüdents studying in Class V and VIII,
and to this effect Block Education Officer,
Bilha has written letter dated 13.03.2025.
12. It is submitted that; looking to the gravity
of the situation. an Enquiry Committee was
constituted and the report of the Enquiry
Committee clearly in para 4 and 5 found
that, there was in fact lapse on part of the
School. Therefore, the Enquiry Committee
recommended for cancellation of
recognition for the two schools functioning
as Brilliant Public School, one at Vyapar
Vihar and another at Mission Hospital
Road. Copy of letter dated 23.03.2026 and
13.03.2026 as also the enquiry report is
annexed collectively herewith as DOC.-7
(Colly).
13. It is submitted that; further it is
submitted that, explanation was also taken
from Brilliant Public School which submitted
its explanation by way of letter dated
16.03.2026 which is annexed herewith as
DOC.-8. It is submitted that the enquiry
report has been submitted on orders of the
District Education Officer, Bilaspur whereas,
the committee constituted by the Joint
Director is yet to enquire into the matter and
its report is awaited which shall be informed
to the Hon'ble Court as soon as the report is
received.
14. It is submitted that, a news item on
04.04.2026 published in Hari Bhumi
Bilaspur regarding slow processing of
application submitted for RTE admission in
the State. which pointed out that only 62%
of the applications out of 38,438
applications have processed and that an
academic session has commenced, the
slow processing of applications will cause
prejudice to the students, the news item
also pointed towards the imbalance of seats
in various Districts. Thus, the Hon'ble Court
conducted a special sitting regarding this
news item on Saturday. 04.04.2026 and
directed the State to explain in the affidavit
regarding the actual fact situation of the
news item published on 04.04.2026.
15. It is submitted that, the Department has
issued a letter dated 02.04.2026 of District
Education Officers to process the remaining
pending applications latest by 06.04.2026
and in this regard a stern warning has been
issued to the concerned District Officers by
way of letter dated 02.04.2026. Copy of
letter dated 02.04.2026 is annexed herewith
as DOC.-9.
16. It is submitted that, in 02.04.2026, 4435
applications were pending. However, the
latest updated situation provided by way of
chart indicates that as on today only 2045
applications are pending i.e. from
02.04.2026 more than 50% of the 4435
applications has been processed.
17. At is submitted that, a perusal of the
chart which is of all the Districts of
Chhattisgarh would indicate that total
applications was 38439 out of which 3575
were deficient, 203 were duplicate in
nature, 7066, applications have been
rejected, 25550 have been approved.
18. It is submitted that; therefore, the
Department of processing the applications
at top priority and almost 95% of the
applications has been processed till date.
Copy of the District wise chart is annexed
herewith as DOC.-10.
19. It is submitted that, this chart reflects
the number of applications in private
schools which are in EWS Quota for RTE
Act.
20. It is submitted that; as far as the issue
of imbalance of seats in Chhattisgarh as
projected in the news item is concerned. It
seems to be without foundation, as the
chart, gives meticulous, district wise break
up for the entire state, the number of
schools and population varies from district
to district.
21. It is submitted that, naturally dense
urban agglomeration areas and districts
falling therein will have a higher number as
compared to thinly populated districts and
interior areas. Therefore, there is no
imbalance and inconsistency in the data.
22. It is submitted that; the variation is just
based on the density of population and
geographical location of a district. The news
item seems to have reached on the
conclusion regarding imbalance in a
perfunctory manner without putting through
research and investigation into the matter.
Therefore, the news item may not be taken
to gospel truth, and its contents may be
taken only on its face value.
23. It is submitted that; the State is
committed to speedier and effective
implementation of the RTE Act, 2009 and
there is no ill-intention on part of the State.
This Affidavit may kindly be taken on
record."
From a perusal of the affidavit, it transpires that
the chart (Annexure D-10) pertaining to all the districts
of Chhattisgarh clearly indicates that a total of 38,439
applications have been received across 6,861 schools.
It is further reflected that the total number of seats
available under the RTE is 21,698. Out of the
applications received, 2,045 are presently pending
consideration, 7,066 applications have been rejected,
and 25,550 applications have been duly approved.
Learned Deputy Advocate General appearing for
the respondent-State submits that students under the
RTE will be granted admission in respect of 25,550
approved applications, and prays that the matters may
be taken up after 10 days. He further submits that a
return has been filed in WPC No. 414/2026.
Interveners Atharv Gupta and three others have
filed an intervention application through Ms. Vagisha
Tiwari, Advocate.
The Joint Secretary, Department of School
Education, Government of Chhattisgarh, is directed to
file a personal affidavit with regard to the said
intervention application by the next date of hearing.
Let the matters be listed again on 20.04.2026.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
Bablu
