Hemanshi Sahu vs State Of Chhattisgarh on 20 April, 2026

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                         HIGH COURT OF CHHATTISGARH AT BILASPUR
                                         WPPIL No. 22 of 2016
                          C. V. Bhagvant Rao versus Union of India & Others
                         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 and
                                            WPC/3112/2025
                                              Order Sheet


                   20/04/2026        Heard Mr. Devershi Thakur, learned counsel for

                                the petitioner in WPPIL No. 22/2016, Mr. Ashish

                                Shrivastava, learned Senior Advocate assisted by Mr.

                                Rahul Ambast and Ms. Ananya Pandey, 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. Aditi Singhvi, learned counsel ROHIT KUMAR CHANDRA

for the petitioners in WPC Nos. 3095/2025, 3106/2025,

3107/2025 and 3112/2025, Mr.Aman Tamrakar, learned

counsel for the petitioners in WPC Nos. 3567/2025,

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. Vikash Tiwari, appearing in

person for Intervenor and Mr. Anand Mohan Tiwari 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, Mr. Rishabh Dev Singh, learned

Central Government Counsel for the respondent -

Union of India, 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. Ghanshyam Patel,

learned counsel appearing for respondent No.42 and

Mr. Shobhit Kosta, learned counsel, appearing for

respondent No.44.

It is stated that Mr. Sharad Mishra, learned

counsel, appearing for the petitioner in WPC No.

414/2026, is on adjustment, which connected with this

batch of petitions being the leading case as WPPIL

No.22 of 2016.

Considering the fact that the leading case of this

batch of petitions is Public Interest Litigation,

accordingly, adjustment of Mr. Sharad Mishra is ignored

and further no prejudicial order is passed in the said

writ petition by this Court.

In compliance of the Court's order dated

08.04.2026, the Joint Secretary, Department of School

Education, Government of Chhattisgarh, has filed her

personal affidavit. Relevant portions of the said

affidavit are reproduced hereinbelow :-

3. It is submitted that, in the previous affidavit it was submitted that 25550 applications have been approved. Now, at present, it is submitted that total 38439 applications were received against 21975 seats. Out of 38439 applications, 27203 were found to be in order, which is in excess to the total number of seats i.e. 21975. Accordingly, lottery had to be conducted which was carried out on 15.04.2026 in which, seats have been allotted to 15426 children across the State.

4. It is submitted that, the children who have already secured seats in the first round of lottery have been given time till 31st of May to get themselves admitted. Rest of the vacant seats will be filled up after 31st of May, 2026 as per the procedure.

5. It is submitted that, in so far as intervention application moved by Atharva Gupta (Minor) & Ors. is concerned, in that regard it is submitted that St. Xavier School situated at Ranisagar Block Kota intimated to District Education Officer by way of letter dated 02.06.2025 that they intend to merge their school at Ranisagar with their school at Bharni which is in Block Takhatpur. They also informed to the parents that as this is a merger the studies of the children studying in Ranisagar campus will be protected. However, subsequently it has come to knowledge of the parents that the Education Department would not be permitting the said merger of schools and the children studying in Ranisagar campus would be shifted to Government Schools.

Aggreived by this the intervention application has been moved before this Hon'ble Court.

6. It is submitted that, according to, instruction dated 30.03.2022 issued by the

Directorate of Public Instructions to District Education Officers, in case of closure of a private school; the children studying in the said private school are to be shifted to nearby Government Schools. The copy of instruction dated 30.03.2022 is annexed herewith as DOC.-1.

7. It is submitted that, in view of the fact that the prevailing Department of Education Rules do not permit merger of schools in the manner proposed by St. Xavier School, the children are being shifted to the Government Schools in terms of instruction dated 30.03.2022. Further it is submitted that, the merger of Ranisagar campus with Bharni campus would result in closure of Ranisagar campus thus, in compliance of the instruction dated 30.03.2022 the children in Ranisagar campus have to be shifted to the Government Schools.

8. It is submitted that, the District Education Officer, Bilaspur has informed regarding this decision by way of letter dated 16.04.2026 to the St. Xavier's School and therefore, it is not so that the Department of School Education is acting in an illegal and arbitrary manner. While rejecting the proposal of St. Xavier School, the District Education Officer, Bilaspur has

indicated in his letter dated 16.04.2026 that the school at Ranisagar and the school at Bharni are operating in separate Development Blocks, Ranisagar School is operating in Development Block Kota and Bharni School is operating in Development Block Takhatpur, the District Education Officer has also indicated the management of both the schools are distinct and that have been given recognition separately and that they are situated about 20 kms apart from each other. Therefore, the proposal of merger has been rejected by way of the letter dated 16.04.2026. The copy of letter dated 16.04.2026 is annexed herewith as DOC.-2."

Perusal of the aforequoted affidavit goes to show

that against 21975 seats total 38439 applications were

received, out of which 27203 applications were found

to be in order, which is excess to the total number of

seats i.e. 21975, accordingly, lottery had to be

conducted and as such, first round of lottery was

carried out on 15.04.2026, in which seats have been

allotted to 15426 children across the State and they

are required to get themselves admitted till 31 st of May,

2026 and rest of the vacant seats will be filled up after

31st of May, 2026 as per the procedure for which some

proposal is being made.

Considering the fact that academic session for

the current year has already been started from 1 st of

April, 2026, we hope and trust that the State should

bring a crystal clear mechanism for allotment of rest of

the seats immediately.

So far as intervention application, which was

moved by Atharva Gupta (Minor) & Ors. is concerned,

in that regard it is submitted in the said affidavit that St.

Xavier School situated at Ranisagar Block Kota

intimated to District Education Officer by way of letter

dated 02.06.2025 that they intend to merge their

school at Ranisagar with their school at Bharni which is

in Block Takhatpur. They also informed to the parents

that as this is a merger the studies of the children

studying in Ranisagar campus will be protected.

However, subsequently it has come to knowledge of

the parents that the Education Department would not

be permitting the said merger of schools and the

children studying in Ranisagar campus would be

shifted to Government Schools. It is submitted that,

according to, instruction dated 30.03.2022 issued by

the Directorate of Public Instructions to District

Education Officers, in case of closure of a private

school; the children studying in the said private school

are to be shifted to nearby Government Schools. It is

further submitted that the proposal for merger has

been rejected by the District Education Officer,

Bilaspur by way of the letter dated 16.04.2026 and

while rejecting the proposal of St. Xavier School, the

District Education Officer, Bilaspur has indicated in his

letter dated 16.04.2026 that the school at Ranisagar

and the school at Bharni are operating in separate

Development Blocks, Ranisagar School is operating in

Development Block Kota and Bharni School is

operating in Development Block Takhatpur, the District

Education Officer has also indicated the management

of both the schools are distinct and that have been

given recognition separately and that they are situated

about 20 kms apart from each other.

If the intervenors i.e. Atharva Gupta (Minor) &

Ors., are aggrieved by the aforesaid action of the State

and the instructions issued in the light of instruction

dated 30.03.2022, they are liberty to challenge the

same before the appropriate forum as the present PIL

has no concern with the said grievance of the

intervenors.

The Joint Secretary, Department of School

Education, Government of Chhattisgarh, is directed to

file her personal affidavit with regard to the steps taken

by them for allotment of rest of the seats by the next

date of hearing.

Let these matters listed again on 7 th of May,

2026.
                    Sd/-                              Sd/-
           (Ravindra Kumar Agrawal)             (Ramesh Sinha)
                   Judge                          Chief Justice




Chandra
 