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Chattisgarh High Court

Minor Roshni Sao vs State Of Chhattisgarh on 24 March, 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
                               alongwith

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




24/03/2026        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, Ms.

             Shatabdi Bagchi 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.

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, and Mr. Vikash

Tiwari, appearing in person for Intervenor.

Also heard Mr. Prasun Kumar Bhaduri, learned Deputy

Advocate General, appearing for the respondent/State, Ms.

Annapurna Tiwari and Ms. Anmol Sharma, learned Central

Government Counsel for the respondent - Union of India, Mr.

C.R.Sahu, learned counsel for the respondent No. 32, Mr.

Aditya Dhar Diwan, Mr. Kabeer Kalwani, learned counsel for the

respondents No. 33 and 46, Ms. Shrejal Gupta holding brief of

Mr. Vaibhav Shukla, learned counsel, appearing for respondent

No.38, Mr. Abhishek Sinha, Senior Advocate assisted by Mr.

Ghanshyam Patel, learned counsel appearing for respondent

No.42, Mr. Shobhit Koshta, learned counsel for the respondent

No. 44, and Mr. Anuroop Panda, learned counsel appearing for

respondents No.48, 49 and 50 in WPPIL No.22/2016, Mr.

Ashish Shrivastava, learned Senior Advocate assisted by Mr.

Rahul Ambast, Ms. Shatabdi Bagchi and Ms. Ananya Pandey,

learned counsel for the respondent, Mr. Sunil Otwani, learned

Senior Advocate assisted by Mr. Deepak Sharma, learned

counsel for the respondent No. 51 in WPPIL No. 22/2016.

On the last date of hearing i.e. on 11.03.2026, this Court

had directed the State/respondent to explain as to when there

were 85000 reserved seats under the RTE, why there had been

a reduction of 30,000 reserved seats and the Secretary, School

Education Department, Government of Chhattisgarh was

directed to file his personal affidavit on this aspect.

Mr. Bhaduri, learned Deputy Advocate General submits

that in compliance of the above direction, an affidavit has been

filed by the Joint Secretary of the School Education Department

on 21.03.2026. He submits that since the Secretary of the

School Education Department Department has been put to

Election Duty as Observer by the Election Commission of India

and has been directed to report on his assigned posting as

Observer in the State of Assam, hence he could not file his

personal affidavit and instead, the Joint Secretary has filed an

affidavit in his place and as such, the same may be taken on

record.

In view of the above, we hereby exempt the Secretary,

School Education Department, Government of Chhattisgarh

and allow the affidavit filed by the Joint Secretary to be taken on

record. The relevant portion of the affidavit reads as under:

"4. It is submitted that, on the last date of hearing it was pointed out that 118 complaints are pending with the District Education Officer, Durg. At present, out of 118 complaints 77 complaints have been disposed and the remaining complaints would be disposed within a period of three weeks. This information has been provided by way of letter dated 19.03.2026 by the District Education Officer, Durg. Copy of letter dated 19.03.2026 is annexed herewith as ANNEXURE-B.

5. It is submitted that, in so far as complaints submitted by the Intervener is concerned, the enquiry has been conducted and the Directorate of Public Instructions has forwarded the same by way of letter dated 17.03.2026 to the Department of School Education. Copy of report dated 17.03.2026 is annexed herewith as ANNEXURE-C. The letter is now under examination at Departmental level.

6. It is submitted that, in so far as complaints regarding Krishna Public School, the District Education Officer Durg has informed by way of letter dated 20.02.2026 that the Krishna Education Society is operating 4 schools in Durg District, they are all operating after having obtained necessary permissions and recognition. Copy of letter dated 20.02.2026 is annexed herewith as ANNEXURE-

C/1.

7. It is submitted that, in so far as the schools operated by Krishna Public School, in Bilaspur District, the District Education Officer Bilaspur has by way of letter dated 16.03.2026 informed that there are 3 schools operated by Krishna Public School in Bilaspur and they are duly recognized by the Department, out of which Krishna Public School, Koni is affiliated with Central Board of Secondary Education, Delhi. However, as far as Dream Land Higher Secondary School is concerned, they are facing enquiry against which they have approached the Hon'ble Court in WPC No. 1990 of 2025 and wherein the matter is pending consideration and their recognition has not been renewed. In so far as Narayana E Techno School is concerned, complaints have been received against this institution and a fine of Rs.1 lakh has been imposed on them, after conducting enquiry which has been deposited by the said school and thereafter, the recognition was granted to the said school. Copy of letter dated 16.03.2026 is annexed herewith as ANNEXURE-C/2.

8. It is submitted that, in so far as schools of Krishna Public School operating in Raipur District are concerned, the same were looked into by District Education Officer Raipur and it has been informed by the District Education Officer Raipur by way of letter dated 18.03.2026 that, there are 6

schools operating in Raipur District by Krishna Group and, out of which 4 schools Krishna Kids Academy Sundar Nagar, Krishna Kids Academy New Rajendra Nagar, Krishna Kids Academy Kachana and Krishna Kids Academy Sailendra Nagar which operate classes from Nursery to K.G.II are not recognized. However, their applications seeking recognition are available in the Office of District Education Officer. Copy of letter dated 18.03.2026 is annexed herewith as ANNEXURE- C/3.
9. It is submitted that, in so far as the issue regarding reduction of reserved seats is concerned, it is submitted that for the up-coming Academic Session 2026-27 admission under Right to Education Act is not being granted at pre-primary stage as, the Right to Education Act is applicable only to children aged between 6 to 14 years (reference is made to Statement to Objects and Reasons of the Right of Children to Free and Compulsory Education Act, 2009). Consequently, the children who were admitted in K.G.II in the previous Academic Session 2025-26 are 35335, these children will enter the Class I in the up- coming Academic Session. In addition to this in the up-coming Academic Session total 19540 seats which are reserved for Right to Education Act admissions, those students will take admission in Class I. Therefore, total 54875 children will be admitted under the Right to Education Act, quota.

Therefore, it is not the case that there would be a reduction of 30,000 seats as has been submitted by learned counsel for the petitioner on the last date of hearing."

Mr. Devershi Thakur, learned counsel for the petitioner

has drawn attention of this Court to the affidavit dated

20.06.2024 filed by the State in compliance of the order dated

10.06.2024 passed by this Court. The affidavit was sworn by

Mr. J.P.Rath, Additional Director, Public Instructions, Raipur.

Alongwith the said affidavit, a chart has been annexed which

demonstrates the Districtwise total number of seats allotted for

admission to the students of the EWS, in respect of the

academic sessions 2021-2022, 2022-2023 and 2023-2024 and

on comparing the seats available under the RTE, there were

83006 seats for the session 2021-2022 whereas for the session

2023-24, the total seats available under the RTE is 55266 and

as such, the affidavit filed by the State as above, appears to be

contradictory one. Mr. Thakur submits that a rejoinder to the

above affidavit was filed by him on 28.06.2024. At paragraph 22

of the rejoinder, it has been stated that in single year the

reserved seats came down from 83,849 to 55,266 which is

28,583 seats lessor, which means that there are about 1,37,215

children lesser in the schools.

Mr. Thakur further draws attention to the affidavit dated

10.07.2025 filed by the State wherein at serial No. 3 of

Annexure D/2, which is in respect of complaint against private

schools of various Districts, a complaint was made against Shri

Shankar Vidyalaya, Sector-10, Bhilai with regard to recognition

of the said school. The said complaint is stated to be pending

when the complaint was that the recognition was granted by the

State without looking to the fact that there was no building of the

school and it was only on papers. When there existed no

building, how could the State grant recognition to a school? The

conduct of the State shows that the State is facilitating such

schools to do illegal activities.

Mr. Bhaduri, learned Deputy Advocate General submits

that with respect to the reduction of the RTE seats, the State

would file a better affidavit giving more particulars as on the last

date of hearing, only the information with regard to the current

academic session was sought for by this Hon'ble Court.

Mr. Thakur has further drawn attention of this Court to a

news report published in Hindi Daily, Dainik Bhaskar, on

18.03.2026 with a heading "lky Hkj ,ulhbZvkjVh dh fdrkcksa ls

i<kbZ gkse bXtke ds ckn vc ns jgs cksMZ ijh{kk " and sub-heading

"ukjk;.kk VsDuks Ldwy dh tkap djus Vhe cuh".

The aforesaid news report states that the parents of the

students are upset with the sudden decision to hold CG Board

exams after studying for a year and giving home exams.

According to the parents of hundreds of students studying in

Brilliant Public School, the school granted admission to the

students by giving information about CBSE. Home exams were

also conducted from the month of February to the first week of

March. Now the school, citing the State Government's order,

asked the students to appear in the Board exams a day earlier.

Upset by this, the parents seized the Collector's bungalow.

Even after waiting for about two hours, when the Collector did

not come to meet them, the parents returned after the SDM's

persuasion. Brilliant Public Schools are located in Vyapar Vihar,

Mission School Road and Bahtarai. Home exams of 5 th and 8th

standard have been conducted in the schools run in Vyapar

Vihar and Mission School Road. Meanwhile, the State

Government issued an order to conduct board exams in 5 th and

8th standard under Chhattisgarh Secondary Education Board.

Informing the parents about this order, the school management

has asked the parents to send their children for appearing in the

exams. The parents say that the school management informed

them about the Board exams a day before. When their children

have already appeared in the home exam then how they are

being again asked to appear in the Board exam. The children

did not even got time to prepare. Similarly, Narayana Techno

School, located at Ameri Chowk, is accused of charging

exorbitant fees from parents in the name of providing CBSE

curriculum education for classes 1 to 8. However, CBSE

affiliation / recognition is not available at this level. According to

District Education Officer, Vijay Tande, CBSE affiliation /

recognition is not available until class 8. Schools from 1 to 8 are

governed by the regulations of the State Government and the

District Education Department. CBSE affiliation is granted for

classes 9 to 12. Narayana Techno School has not yet submitted

any official CBSE affiliation documents to the Education

Department. The District Education Officer has formed an

investigation team to investigate.

Mr. Thakur, learned counsel as well as Mr. Tiwari,

Intervenor, appearing in person submit that when an attempt is

being made by any person/parents of the students to raise voice

against the erring schools against their illegal acts, they are

being threatened by the school management that they would be

charged for criminal trespassing and other non-bailable

offences.

They have further drawn attention of this Court to certain

other issues which have been published in Bilaspur Bhaskar

dated 19.03.2026 with a heading "lhch,lbZ ekeys esa 2 Ldwyksa dh

tkap djus tsMh us cukbZ Vhe] Ldwy cksys&geus ,slk ugha dgk " and

sub-heading "f'kdk;r & vfHkHkkodksa dk vkjksi] ,Mfe'ku ds le;

lhch,lbZ crkdj Hkzfer fd;k] 7 fnuksa esa fjiksVZ nsus ds funsZ'k] fczfy;aV

ifCyd Ldwy o ukjk;.kk VsDuksa Ldwy dk ekeyk " and dated

20.03.2026 with a heading "ukjk;.kk Ldwy ij Qhl c<kus lesr 16

vfu;ferrkvksa ds vkjksi"] and sub-heading "fcuk Qhl fQDls'ku

desVh dh vuq'kalk ds Ldwy us c<k nh 8% Qhl] izns'k ds LFkkuh; cSadksa

esa Ldwy dk ,d Hkh [kkrk ugha".

From perusal of the affidavit filed by the Joint Secretary,

School Education Department, on 21.03.2026, it transpires that

out of 118 complaints, 77 have been disposed of and the

remaining would be disposed of within a period of three weeks.

This information was provided by way of letter dated

19.03.2026 by the District Education Officer, Durg, a copy of

which is filed as Annexure-B. However, from perusal of the

communication dated 19.03.2026 issued by the District

Education Officer, Durg, which has been produced by the

Intervenor, appearing in person, it transpires that only 7

complaints have been disposed of.

A copy of the said communication dated 19.03.2026 is

handed over to Mr. Bhaduri, learned Deputy Advocate General.

At paragraph 9 of the affidavit dated 21.03.2026, the Joint

Director further has tried to assert that it is incorrect to state that

there would be reduction of 30,000 seats as submitted by

learned counsel for the petitioner. However, from perusal of the

affidavit dated 20.06.2024 filed by Mr. J.P.Rath, Additional

Director, Public Instructions, Raipur, in compliance of the order

dated 10.06.2024 passed by this Court, wherein a chart has

also been annexed which demonstrates the Districtwise total

number of seats allotted for admission to the students of the

EWS, in respect of the academic sessions 2021-2022, 2022-

2023 and 2023-2024 and on comparing the seats available

under the RTE, there were 83006 seats for the session 2021-

2022 whereas for the session 2023-24, the total seats available

under the RTE is 55,266 and as such, the affidavit filed by the

State as above, appears to be contradictory one. This fact is

also stated by the petitioner at paragraph 22 of the counter

submission to the compliance report filed by the State on

20.06.2024, wherein it has been stated that there has been

reduction of 28,583 seats under the RTE.

There are certain other issues also with regard to the

syllabus, conducting of Board exam, threats given by the

Schools etc. as reported in various news items referred above.

Hence, we deem it appropriate to direct the Joint

Secretary, School Education Department, Government of

Chhattisgarh to file an affidavit with respect to the observations

made hereinabove, before the next date of hearing.

Mr. Manoj Paranjpe, learned Senior Advocate appearing

for the petitioner in WPC No. 414/2026 submits that till date, no

return has been filed by the respondents/State, to which

Mr. Bhaduri submits that he may be granted further time to file

return.

Let these matters be listed again on 08th April, 2026 by

which date, return may be filed by the respondents/State.

The learned State counsel shall communicate this order

to the authorities concerned forthwith for information and

necessary action, if any.
                           Sd/-                                     Sd/-
                   (Ravindra Kumar Agrawal)                     (Ramesh Sinha)
                        JUDGE                                   CHIEF JUSTICE
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