Chattisgarh High Court
Kamlesh Kumar vs Union Of India on 13 February, 2026
1
Digitally NAFR
signed by
SHAYNA
KADRI
HIGH COURT OF CHHATTISGARH AT BILASPUR
Reserved for orders on : 19.01.2026
Order passed on : 13.02.2026
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 7753 of 2023
1 - Saroj Kumar Gupta S/o Banshidhar Gupta Aged About 33 Years
Presently Posted As Post Graduate Teacher (Science) At Eklavya Model
Residential School Pohidih, Block Khadgawa, District : Manendragarh-
Chirmiri-Bharatpur, Chhattisgarh
2 - Anupa Tirkey D/o Jagdev Tirkey Aged About 26 Years Presently
Posted As Post Graduate Teacher (Biology) At Eklavya Model
Residential School Pohidih, Block Khadgawa, District Manendragarh-
Chirmiri-Bharatpur (Chhattisgarh)
3 - Devendra Kumar S/o Khoraram Aged About 26 Years Presently
Posted As Post Graduate Teacher (English) At Eklavya Model
Residential School Poladih Khurd, Block Sakti, District Sakti
(Chhattisgarh)
4 - Thanendra Kumar S/o Ganesh Ram Aged About 30 Years Presently
Posted As Post Graduate Teacher (Maths) At Eklavya Model Residential
School Sukma, District Sukma (Chhattisgarh)
5 - Shweta Rathore D/o Roop Narayan Rathore Aged About 32 Years
Presently Posted As Post Graduate Teacher (Chemistry) At Eklavya
Model Residential School Chhurikala, Block Katghora District Korba
(Chhattisgarh)
6 - Brajesh Kumar Sahu S/o Basant Kumar Sahu Aged About 31 Years
Presently Posted As Post Graduate Teacher (Biology) At Eklavya Model
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Residential School Sonakhan, Block Kasdol, District Balodabazar-
Bhatapara (Chhattisgarh)
7 - Kailash Kumar S/o Budhram Aged About 34 Years Presently Posted
As Post Graduate Teacher (English) At Eklavya Model Residential
School Dondi, Block Dondi, District Balod (Chhattisgarh)
8 - Jayprakash Koshle S/o Gyandas Koshle Aged About 35 Years
Presently Posted As Post Graduate Teacher (Hindi) At Eklavya Model
Residential School Bhoring, District Mahasamund (Chhattisgarh)
9 - Shakuntala Das D/o Ghasidas Aged About 36 Years Presently
Posted As Post Graduate Teacher (English) At Eklavya Model
Residential School Pohidih, Block Khadgawa, District Manendragarh-
Chirmiri-Bharatpur (Chhattisgarh)
10 - Giteshwari Banjare D/o Shyamlal Anant Aged About 32 Years
Presently Posted As Post Graduate Teacher (Hindi) At Eklavya Model
Residential School Chhurikala, Block Katghora, District Korba
(Chhattisgarh)
11 - Shreyoshee Saha D/o Sanjay Saha Aged About 24 Years Presently
Posted As Post Graduate Teacher (Maths) At Eklavya Model Residential
School Bandhwa, Block Lormi, District Mungeli (Chhattisgarh)
12 - Leeladhar Sahu S/o Mohit Ram Aged About 26 Years Presently
Posted As Post Graduate Teacher (Chemistry) At Eklavya Model
Residential School Bandhwa, Block Lormi, District Mungeli
(Chhattisgarh)
13 - Warsha Chaturvedi W/o Ratnesh Chaturvedi Aged About 42 Years
Presently Posted As Post Graduate Teacher (Sanskrit) At Eklavya
Model Residential School Dondi, Block Dondi, District Balod
(Chhattisgarh)
14 - Triptee D/o Ashok Kumar Aged About 29 Years Presently Posted As
Post Graduate Teacher (Chemistry) At Eklavya Model Residential
School Dondi, Block Dondi, District Balod (Chhattisgarh)
15 - Pallavi Sahu D/o Harishankar Sahu Aged About 32 Years Presently
Posted As Post Graduate Teacher (Maths) At Eklavya Model Residential
School Chhurikala, Block Katghora, District Korba (Chhattisgarh)
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16 - Pranu Dubey D/o Late Satyanarayan Dubey Aged About 35 Years
Presently Posted As Post Graduate Teacher (Chemistry) At Eklavya
Model Residential School Pendri, District Rajnandgaon (Chhattisgarh)
17 - Dhaneshwari Rathore D/o Teejram Rathore Aged About 29 Years
Presently Posted As Post Graduate Teacher (Biology) At Eklavya Model
Residential School Paladi Khurd, District Sakti (Chhattisgarh)
18 - Yamini Soni D/o Tej Bahadur Soni Aged About 26 Years Presently
Posted As Post Graduate Teacher (English) At Eklavya Model
Residential School Dondi, District Balod (Chhattisgarh)
19 - Divya D/o Narendra Kumar Pandey Aged About 30 Years Presently
Posted As Post Graduate Teacher (Biology) At Eklavya Model
Residential School Dondi District Balod (Chhattisgarh)
20 - Khileshwari Gobhil D/o Panchram Jaiswal Aged About 32 Years
Presently Posted As Post Graduate Teacher (Physics) At Eklavya Model
Residential School Chhurikala, District Korba (Chhattisgarh)
21 - Sunil Kumar Kaiwart S/o Dulururam Aged About 26 Years Presently
Posted As Post Graduate Teacher (Maths) At Eklavya Model Residential
School Paladikhurd, District Sakti (Chhattisgarh)
22 - Smt. Nandanee Sahu W/o Mukesh Kumar Sahu Aged About 26
Years Presently Posted As Post Graduate Teacher (Physics) At Eklavya
Model Residential School Bhoring District Mahasamund (Chhattisgarh)
23 - Upesh Kumar Sahu S/o Panchram Aged About 29 Years Presently
Posted As Post Graduate Teacher (Chemistry) At Eklavya Model
Residential School Sonakhan District Balodabazar-Bhatapara
(Chhattisgarh)
24 - Archana Singh W/o Ravindra Singh Aged About 26 Years Presently
Posted As Post Graduate Teacher (Hindi) At Eklavya Model Residential
School Sukma District Sukma (Chhattisgarh)
25 - Ku. Sandhya D/o P. Ganglu Aged About 27 Years Presently Posted
As Post Graduate Teacher (Science) At Eklavya Model Residential
School Sukma District Sukma (Chhattisgarh)
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26 - Divyalata Sidar D/o H.S. Sidar Aged About 29 Years Presently
Posted As Post Graduate Teacher (Chemistry) At Eklavya Model
Residential School Sukma District Sukma (Chhattisgarh)
27 - Tribhuvan Lal S/o Kamlesh Kumar Aged About 29 Years Presently
Posted As Post Graduate Teacher (Physics) At Eklavya Model
Residential School Sukma District Sukma (Chhattisgarh)
28 - Riya Shaha W/o Prabhat Shaha Aged About 32 Years Presently
Posted As Post Graduate Teacher (English) At Eklavya Model
Residential School Sukma District Sukma (Chhattisgarh)
29 - Suraj Sinha S/o Ramnath Sinha Aged About 27 Years Presently
Posted As Post Graduate Teacher (Physics) At Eklavya Model
Residential School Sonakhan, District Balodabazar-Bhatapara
(Chhattisgarh)
30 - Akchada Wandile D/o Shailendra Kumar Wandile Aged About 32
Years Presently Posted As Post Graduate Teacher (Biology) At Eklavya
Model Residential School Pendri District Rajnandgaon (Chhattisgarh)
31 - Aditi Awasthi D/o Brijesh Kumar Awasthi Aged About 36 Years
Presently Posted As Post Graduate Teacher (Physics) At Eklavya Model
Residential School Pendri District Rajnandgaon (Chhattisgarh)
32 - Devbrat Dewangan S/o Sant Ram Dewangan Aged About 33 Years
Presently Posted As Post Graduate Teacher (Chemistry) At Eklavya
Model Residential School Bhoring District Mahasamund (Chhattisgarh)
33 - Anil Kumar Sahu S/o Ghanaram Aged About 33 Years Presently
Posted As Post Graduate Teacher (Maths) At Eklavya Model Residential
School Bhoring District Mahasamund (Chhattisgarh)
34 - Tarun Kumar S/o Dilip Kumar Vaishnav Aged About 25 Years
Presently Posted As Post Graduate Teacher (Maths) At Eklavya Model
Residential School Pendri District Rajnandgaon (Chhattisgarh)
35 - Smt. Pinky Sahu W/o Rudranarayan Sahu Aged About 26 Years
Presently Posted As Post Graduate Teacher (English) At Eklavya Model
Residential School Bhoring District Mahasamund (Chhattisgarh)
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36 - Smt. Indurani Sahu D/o Tridevesh Kumar Sahu Aged About 29
Years Presently Posted As Post Graduate Teacher (Biology) At Eklavya
Model Residential School Bhoring District Mahasamund (Chhattisgarh)
37 - Milap Singh S/o Girja Singh Aged About 33 Years Presently Posted
As Post Graduate Teacher (Hindi) At Eklavya Model Residential School
Paladi Khurd District Sakti (Chhattisgarh)
38 - Prashant Kashyap S/o Rupesh Kumar Kashyap Aged About 26
Years Presently Posted As Post Graduate Teacher (Biology) At Eklavya
Model Residential School Kosambuda Block Chhura District
Gariyaband (Chhattisgarh)
39 - Domesh Kumar Sahu S/o Santosh Kumar Sahu Aged About 31
Years Presently Posted As Post Graduate Teacher (Chemistry) At
Eklavya Model Residential School Kosambuda Block Chhura District
Gariyaband (Chhattisgarh)
40 - Gaukaran Sahu S/o Bharat Lal Aged About 27 Years Presently
Posted As Post Graduate Teacher (Maths) At Eklavya Model Residential
School Kosambuda Block Chhura District Gariyaband (Chhattisgarh)
41 - Ganesh Ram S/o Bhisham Ram Aged About 30 Years Presently
Posted As Post Graduate Teacher (English) At Eklavya Model
Residential School Pendri District Rajnandgaon (Chhattisgarh)
42 - Reetika Singh D/o Ghanshyam Singh Aged About 32 Years
Presently Posted As Post Graduate Teacher (Biology) At Eklavya Model
Residential School Chhurikala, District Korba (Chhattisgarh)
43 - Kaushal Kumar S/o Virendra Kumar Sahu Aged About 32 Years
Presently Posted As Post Graduate Teacher (Chemistry) At Eklavya
Model Residential School Patharridih Block Nagri District Dhamtari
(Chhattisgarh)
--- Petitioner(s)
versus
1 - Union Of India Through Its Secretary Ministry Of Tribal Affairs
Rajendra Prasad Road, Shashtri Bhawan New Delhi.
2 - National Education Society For Tribal Student Through Its
Commissioner Ministry Of Tribal Affairs, Union Of India Ground Floor,
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Gate No. 3a, Jeevan Tara Building, Parliament Street, New Delhi-
110001.
3 - State Of Chhattisgarh Through Its Secretary Scheduled Caste
Schedule Tribe Development Department Of School Education,
Mantralaya, Mahanadi Bhawan, Atal Nagar, District : Raipur,
Chhattisgarh
4 - Eklavya Vidyalay Sangathan Samiti Through Its Commissioner-Cum-
Secretary Scheduled Caste Schedule Tribe Development Department,
Block- D, Ground Floor, Indrawati Bhawan, Atal Nagar, District : Raipur,
Chhattisgarh
--- Respondent(s)
WPS No. 5478 of 2024
1 - Poonam Poddar @ Soni W/o Shri Rajendra Soni Aged About 35 Years R/o C/o Rajendra Soni, Magaraload, Dist - Dhamtari, C.G. Working As T.G.T. English, Emrs (Errabor Konta), Konta, Dist - Sukma Chhattisgarh 2 - Jaan Bai D/o Shri Pile Singh Aged About 32 Years R/o Bhirood Nayapara, Dist - Kanker, C.G. Working As T.G.T. Social Science, Emrs Errabor Konta, Konta, Dist - Sukma Chhattisgarh 3 - Praveen Kumar Sodi S/o Shri Bhima Sodi Aged About 30 Years R/o Gaganpalli, Dist - Sukma C.G., Working As T.G.T. Social Science, Emrs, Konta, Dist - Sukma Chhattisgarh 4 - Meghraj Sahu S/o Shri Naresh Sahu Aged About 28 Years R/o Mongri, Gunderdehi, Dist - Balod, C.G., Working As T.G.T. Science, Emrs Errabor Konta, Dist - Sukma Chhattisgarh 5 - Bhagirati Patel S/o Kartik Ram Patel Aged About 32 Years R/o Giraudpuri, Kasdol, Dist - Balodabazar-Bhatapara, (C.G.) Working As P.G.T English, Emrs Errabor Konta, Dist - Sukma Chhattisgarh
---Petitioner(s) Versus 1 - Union Of India Through Its Secretary, Ministry Of Tribal Affairs, Rajendra Prasad Road, Shastri Bhawan, New Delhi 2 - National Education Society For Tribal Student Through Its Commissioner, Ministry Of Tribal Affair, Union Of India, Ground Floor, Gate No. 3a, Jeevan Tara Building, Parliament House Street, New Delhi, 110001 7 3 - State Of Chhattisgarh Through Its Secretary Department Of Schedule Caste And Schedule Tribe, Mahanadi Bhawan, Nawa Raipur Atal Nagar, Dist - Raipur, Chhattisgarh 4 - State Of Chhattisgarh Through Its Secretary Department Of School Education, Mahanadi Bhawan, Nawa Raipur Atal Nagar, Dist - Raipur Chhattisgarh 5 - Eklavya Vidyalay Sangthan Samiti Through Commissioner-Cum- Secretary, Schedule Caste And Schedule Tribe Development Department, Block-D, Ground Floor, Lawan Atal Nagar, Dist - Raipur Chhattisgarh 492002
--- Respondent(s) WPS No. 2252 of 2024 1 - Kamlesh Kumar S/o Kishan Ram, Aged About 28 Years Working As A Guest Teacher (Tgt English), At Eklavya Model Residential School Bhoring, District-Mahasamund (C.G.) 2 - Hiruram Sahu S/o Late Khoruram Sahu, Aged About 37 Years Working As Guest Teacher (Pti) At Eklavya Model Residential School Bhoring, District Mahasamund (Cg.) 3 - Harish Kumar Bande S/o Sunderlal Bande, Aged About 34 Years Working As Guest Teacher (Librarian) At Eklavya Model Residential School Bhoring, District Mahasamund (C.G.) 4 - Madhuri Dhruwanshi D/o Shri Tikam Singh Dhruwanshi, Aged About 31 Years Woring As Guest Teacher (Computer) At Eklavya Model Residential School Bhoring, District Mahasamund (C.G.) 5 - Smt. Preeti Soni, D/o Vishram Soni, W/o Amit Soni, Working As Guest Teacher (Science) At Eklavya Model Residentail School, Lata, Pendra, District Gourela-Pendra-Marwahi (C.G.)
---Petitioner(s) Versus 1 - Union Of India Through Its Secretary Ministry Of Tribal Affaires, Rajendra Prasad Road, Shashtri Bhawan, New Delhi. 2 - National Education Society For Tribal Student Through Its Commissioner, Ministry Of Tribal Affairs, Union Of India, Ground Floor, Gate No. 3a, Jeevan Tara Building, Parliament Street, New Delhi- 110001.
83 - State Of Chhattisgarh, Through Its Secretary Department Of Tribal And Scheduled Caste Mantralaya, Mahanadi Bhawan, Atal Nagar, District Raipur (C.G.) 4 - Eklavya Vidyalay Sangathan Samiti Through Its Commissioner - Cum-Secretary Scheduled Caste Schedule Tribe Development Department, Block-D, Ground Floor, Indrawati Bhawan, Atal Nagar, District-Raipur (C.G.)
--- Respondent(s) WPS No. 769 of 2024 1 - Chetna Chapdi D/o Shri Narayan Chapdi Aged About 28 Years Working As T.G.T. (Maths) At Eklavya Model Residential School, Dugaiguda, Distt. Bijapur C.G., R/o Village And Post- Murdanda, Block- Usoor, Tahsil- Awapalli, Distt Bijapur, C.G. 2 - Akash Dubey S/o Shri Ravi Kant Dubey Aged About 28 Years Working As T.G.T. (Science) At Eklavya Model Residential School, Distt. Bijapur C.G., Resident Of Ram Bhavan, Jabal Gali, Nehru Nagar, Distt. Bilaspur, C.G. 3 - Rajkumar Patel S/o Shri Agas Ram Aged About 27 Years Working As P.G.T. (Biology) At Eklavya Model Residential School, Nukanpal, Tahsil And Distt. Bijapur C.G., Resident Of Village And Post- Kodwa Godan, Tahsil Pandariya, Distt. Kabirdham, C.G. 4 - Pothee Ram Dewangan S/o Shri Malik Ram Dewangan Aged About 34 Years Working As T.G.T. (Social Science) At Eklavya Model Residential School, Nukhanpal, Bijapur, C.G., Resident Of Village-Katja, Block- Kasdol, Distt. Balodabazar-Bhatapara, C.G. 5 - Ku. Geetanjali Gupta D/o Late Uday Gupta Aged About 26 Years Working As T.G.T. (Hindi) At Eklavya Model Residential School, Nukanpal, Distt. Bijapur, C.G., Resident Of Main Road, Dipopara, Bijapur, Distt. Bijapur, C.G. 6 - Smt. Neeraj Tiwari D/o Shri Ramgopal Tiwari Aged About 35 Years Working As T.G.T. (Science) At Eklavya Model Residential School, Nukanpal, Distt. Bijapur, C.G., Resident Of Dipopara, Tahsil- Bijapur, Distt. Bijapur, C.G. 7 - Toran Prasad Sahu S/o Shri Hanuman Prasad Sahu Aged About 32 Years Working As T.G.T. (Maths) At Eklavya Model Residential School, Bijapur, C.G. Resident Of Education City, Bijapur, Distt. Bijapur, C.G. 8 - Ritu Tandon D/o Shri P.D. Banjare W/o Shri Raj Bhooshan Tandon Aged About 31 Years Working As Computer Teacher At Eklavya Model 9 Residential School, Bijapur, C.G. Resident Of Education City, Teachers Residential Quarter No. 1, Bijapur, Distt. Bijapur, C.G. 9 - Diksha Korsa D/o Shri Dilip Kumar Korsa Aged About 25 Years Working As T.G.T. (English) At Eklavya Model Residential School, Nikanpal, Distt. Bijapur C.G., Resident Of Village And Post Naimed, Block- Bijapur, Distt. Bijapur, C.G. 10 - Pratibha Verma D/o Shri Uttam Kumar Verma Aged About 29 Years Working As P.G.T.(English) At Eklavya Model Residential School, Nukanpal, Distt. Bijapur, C.G. Resident Of Education City, Bijapur, Distt. Bijapur, C.G. 11 - Sukhchand Khute S/o Shri Sundar Lal Khute Aged About 32 Years Working As T.G.T. (Sports Teacher) At Eklavya Model Residential School, Education City, Distt. Bijapur, C.G. Resident Of Eklavya Model Residential School, Bijapur, Distt. Bijapur, C.G. 12 - Sabina Khatun D/o Shri Mustkim Khan Aged About 26 Years Working As P.G.T. (Maths) At Eklavya Model Residential School, Nukanpul, Bijapur, Distt. Bijapur C.G., Resident Of Village And Post- Jashpur, Tahsil Jashpur, Distt. Jashpur, C.G. 13 - Sinoj Punem S/o Shri Kova Punem Aged About 35 Years Working As P.T.I. At Eklavya Model Residential School, Dugaiguda, Distt. Bijapur C.G., Resident Of Village And Post Gangalur, Bijapur, Distt. Bijapur,c.G. 14 - Smt. Lalita Jhadi D/o Shri Goverdhan Jhadi Aged About 34 Years Working As T.G.T. (English) At Eklavya Model Residental School, Dugaiguda, Distt. Bijapur C.G., Resident Of Village And Post Toynar, Tahsil Bijapur, Distt. Bijapur, C.G. 15 - Sarita Bai D/o Shri Chandan Singh Aged About 28 Years Working As P.T.I. (Physical Training Instructor) Eklavya Model Residential School, Gholong, Bagima, Distt. Jashpur C.G., Resident Of Eklavya Model Residential School, Gholong, Bagima, Distt. Jashpur, C.G. 16 - Tulasi Behara S/o Shri Trilochan Behara Aged About 26 Years Working As Hostal Warden At Eklavya Model Residential School, Nukanpal, Distt Bijapur C.G., Resident Of Village Tadola, Tahsil Pussore, Distt. Raigarh, C.G. 17 - Ku. Kusumlata Sahu D/o Shri Bhukhan Lal Aged About 26 Years Working As Warden At Eklavya Model Residential School, Bijapur, Distt. Bijapur, Resident Of Village Saloni, Post Chhuhi, Tahsil Nagri, Distt. Dhamtari, C.G.
---Petitioner(s) 10 Versus 1 - Union Of India Through The Secretary, Ministry Of Tribal Affairs, Rajendra Prasad Road, Shashtri Bhawan, New Delhi 2 - National Education Society For Tribunal Student Through The Commissioner, Ministry Of Tribal Affairs (Union Of India), Ground Floor, Gate No. 3a, Jeevan Tara Building, Parliament Street, New Delhi- 110001.
3 - State Of Chhattisgarh Through The Secretary, Department Of Tribal And Schedule Caste, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, C.G. 4 - State Of Chhattisgarh Through The Secretary, Department Of School Education, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, C.G. 5 - Eklavya Vidyalay Sangathan Samiti Through The Commissioner- Cum-Secretary, Department Of Development Of Schedule Caste And Schedule Tribe, Block-D, Ground Floor, Indrawati Bhawan, Atal Nagar, Nawa Raipur, Distt. Raipur, C.G.
--- Respondent(s) WPS No. 9386 of 2023 1 - Anju Sonwani W/o Pramod Sonwani Aged About 33 Years Presently Posted As Post Graduate Teacher (Hindi) At Eklavya Model Residential School Bandhwa, Block Lormi District Mungeli, Chhattisgarh. 2 - Abhishek Sharma S/o Prabhakant Sharma Aged About 30 Years Presently Posted As Post Graduate Teacher (Computer Science) At Eklavya Model Residential School Bandhwa, Block Lormi District Mungeli, Chhattisgarh.
---Petitioner(s) Versus 1 - Union Of India Through Its Secretary Ministry Of Tribal Affairs Rajendra Prasad Road, Shashtri Bhawan New Delhi 2 - National Education Society For Tribal Student Through Its Commissioner Ministry Of Tribal Affairs, Union Of India Ground Floor, Gate No. 3 A, Jeevan Tara Building, Parliament Street, New Delhi - 110001.
3 - State Of Chhattisgarh Through Its Secretary Scheduled Caste Schedule Tribe Development Department Of School Education, 11 Mantralaya, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 4 - Eklavya Vidyalay Sangathan Samiti Through Its Commissioner-Cum- Secretary Scheduled Caste Schedule Tribe Development Department, Block-D, Ground Floor, Indrawati Bhawan, Atal Nagar, District : Raipur, Chhattisgarh
--- Respondent(s) WPS No. 8811 of 2023 1 - Anita Sahu D/o Mannu Lal Sahu Aged About 30 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Rudraram, Bhopalpatnam,, District : Bijapur, Chhattisgarh 2 - Manisha Sahu D/o Tijram Sahu Aged About 29 Years Working As P.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 3 - Chumman Lal Sahu Agrahij Ram Sahu Aged About 38 Years Working As P.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 4 - Bhola Das Sahu S/o Bhimram Sahu Aged About 28 Years Working As P.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 5 - Sangeeta Bareth D/o Laxman Prasad Bareth Aged About 27 Years Working As P.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 6 - Vrindra Prasad Bhaskar S/o Premda Bhaskar Aged About 33 Years Working As P.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 7 - Nagorao Anand Rao Sangade S/o Anand Rao Kishan Sangade Aged About 31 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 8 - Abhinay Dahariya S/o Sampati Kumar Aged About 29 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 9 - Rihansh Dewangan S/o Shri Mahesh Dewangan Aged About 25 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 12 10 - Kshripa Kavre S/o Jitendra Kumar Kavre Aged About 31 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 11 - Smt. Meenu Pandey W/o Dinesh Kumar Mandal Aged About 28 Years Working As P.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 12 - Anusuiya Malik D/o Shri Kumar Malik Aged About 23 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 13 - Raj Kumar Jain S/o V.R. Jain Aged About 32 Years Working As P.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 14 - Meenu Jhariya D/o Rajendra Prasad Jhariya Aged About 27 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 15 - Mahesh Hapka S/o Late Munna Hapka Aged About 26 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 16 - Yamini Yogi D/o Santosh Nath Yogi Aged About 26 Years Working As T.G.T. Teacher (Warden) And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 17 - Sunanda Shori D/o Shri Narendra Shori Aged About 30 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Bhairamgarh,, District : Bijapur, Chhattisgarh 18 - Laxminarayan Kesharwani S/o Late Shri Ratanlal Kesharwani Aged About 32 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Rudraram , Bhopalpatnam,, District : Bijapur, Chhattisgarh 19 - Indrajeet Sahu S/o Kamta Prasad Sahu Aged About 29 Years Working As T.G.T. Teacher And Posted At Eklavya Model Residential School, Rudraram , Bhopalpatnam,, District : Bijapur, Chhattisgarh 20 - Renuka Sahu D/o Shri Mannu Lal Sahu Aged About 32 Years Working As T.G.T. P.T.I. Teacher And Posted At Eklavya Model Residential School, Rudraram , Bhopalpatnam,, District : Bijapur, Chhattisgarh
---Petitioner(s) Versus 13 1 - Union Of India Through Its Secretary, Ministry Of Tribal Affairs, Rajendra Prasad Road, Shashtri Bhawan, New Delhi, District : New Delhi, Delhi 2 - National Education Society For Tribal Student Through Its Commissioner, Ministry Of Tribal Affairs Union Of India, Ground Floor, Gate No. 3a, Jeevan Tara Building Parliamen Street New Delhi- 110001, District : New Delhi, Delhi 3 - State Of Chhattisgarh Through The Secretary, Schedule Caste Schedule Tribes Development Department Of School Education, Mahanadi Bhawan, Mantralaya, Naya Raipur, Atal Nagar, District :
Raipur, Chhattisgarh
4 - Eklavya Vidyalay Sangathan Samiti Through Its Commissioner- Cum- Secretary, Schedule Caste Schedule Tribes Development Department, Block- D, Ground Floor, Indravati Bhawan, Atal Nagar,, District : Raipur, Chhattisgarh
--- Respondent(s) WPS No. 7771 of 2023 1 - Sangeeta Sahu D/o - Kumoram Sahu Aged About 27 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Deharguda, Block Mainpur , District Gariyaband, Chhattisgarh.
2 - Ashwani Kumar Tondre S/o Sukhchand Tondre Aged About 30 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Kosambuda, Block Chhura, District Gariyaband, Chhattisgarh.
3 - Aishwarya Pandey D/o Santosh Pandey Aged About 27 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Deharguda, Block Mainpur, District Gariyaband, Chhattisgarh.
4 - Rukmani Gaikwad D/o Kamta Prasad Gaikwad Aged About 34 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Kosambuda, Block Chhura, District Gariyaband, Chhattisgarh.
5 - Shatrughan Lal Sahu S/o - Virendra Kumar Sahu Aged About 33 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Kosambuda, Block Chhura, District Gariyaband, Chhattisgarh.
146 - Kirti Kanchan Kapil S/o Panna Lal Kapil Aged About 29 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Mainpur, District Gariyaband, Chhattisgarh. 7 - Mohani Mandavi D/o Indrajit Mandavi Aged About 29 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Kosambuda, Block Chhura, District Gariyaband, Chhattisgarh.
8 - Sourabh Kunjam S/o Bishelal Kunjam Aged About 26 Years Presently Posted As Trained Graduate Teacher (Sports) At Eklavya Model Residential School Kosambuda, Block Chhura, District Gariyaband, Chhattisgarh.
9 - Vijay Kumar Shirwas S/o Shriram Shriwas Aged About 29 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Paladikhurd, Block Sakti, District Sakti, Chhattisgarh.
10 - Sneh Lata Rathore W/o- Krishna Kumar Rathore Aged About 44 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Paladikhurd, Block Sakti, District Sakti, Chhattisgarh.
11 - Kiran Singh W/o Purushottam Aged About 26 Years Presently Posted As Trained Graduate Teacher (Sport) At Eklavya Model Residential School Paladikhurd, Block Sakti, District Sakti, Chhattisgarh.
12 - Pratibha Singh Chandel D/o F S Chandel Aged About 31 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Paladikhurd, Block Sakti, District Sakti, Chhattisgarh.
13 - Sanjay Kumar Barman S/o Arjun Lal Barman Aged About 33 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Dongriya, Block Marwahi, District Gaurella- Pendra-Marwahi Chhattisgarh.
14 - Rahul Dhruw S/o Raj Kumar Dhruw Aged About 28 Years Presently Posted As Trained Graduate Teacher (Art And Craft) At Eklavya Model Residential School Paladikhurd, Block Sakti, District Sakti, Chhattisgarh.
15 - Prabha Verma D/o Bhola Ram Aged About 28 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Bhoring, District Mahasamund, Chhattisgarh. 16 - Bheshmati Kol D/o Rupsay Aged About 27 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Dongariya, Block Marwahi, District : Gaurela- Pendra-Marwahi, Chhattisgarh 15 17 - Swati Kurre D/o- Laxmi Narayan Aged About 31 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Paladikhurd, District Sakti, Chhattisgarh. 18 - Sandeep Nayak S/o Hari Shankar Aged About 28 Years Presently Posted As Trained Graduate Teacher (Physical Education) At Eklavya Model Residential School Podidih, Block Khadgawa, District :
Manendragarh-Chirmiri-Bharatpur, Chhattisgarh
19 - Ku. Karishma Tigga D/o Herman Tigga Aged About 31 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Dongariya, Block Marwahi, District : Gaurela- Pendra-Marwahi, Chhattisgarh 20 - Hemant Kumar Sahu S/o Sewa Ram Sahu Aged About 33 Years Presently Posted As Trained Graduate Teacher (Music) At Eklavya Model Residential School Doundi, District : Balod, Chhattisgarh 21 - Charlet Mabel D/o Ishaak Aged About 28 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Balatikra, Block Chindgarh, District : Sukuma, Chhattisgarh 22 - Kiran Singh Thakur D/o Satyavan Singh Thakur Aged About 30 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Balatikra, Block Chindgarh, District : Sukuma, Chhattisgarh 23 - Pooja Dixit D/o Tulsi Prasad Aged About 34 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Balatikra, Block Chindgarh, District : Sukuma, Chhattisgarh 24 - Chiranjeev Bareth S/o Ram Bharosh Bareth Aged About 35 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Paladi Khurd, District : Sakti, Chhattisgarh 25 - Mukta Negi D/o Hari Negi Aged About 29 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Balatikra, Block Chindgarh, District : Sukuma, Chhattisgarh 26 - Gajanand Bisi S/o Harelal Aged About 29 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Balatikra, Block Chindgarh, District : Sukuma, Chhattisgarh 27 - Chandrashekhar Yadav S/o Sukhsagar Yadav Aged About 29 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Paladi Khurd, District : Sakti, Chhattisgarh 28 - Rubika Singh D/o Kuwar Singh Aged About 29 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Jamthan, Block Bharatpur, District : Manendragarh- Chirmiri-Bharatpur, Chhattisgarh 16 29 - Bharti Sodi S/o Soma Ram Sodi Aged About 31 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Balatikra, Block Chindgarh, District : Sukuma, Chhattisgarh 30 - Ku. Anjali D/o Vijay Kumar Aged About 25 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Balatikra, Block Chindgarh, District : Sukuma, Chhattisgarh 31 - Rajesh Kumar Ghritlahare S/o Kanhaiya Lal Ghritlahare Aged About 35 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Bhairamgarh, District : Bijapur, Chhattisgarh 32 - Pooja Shrivas D/o Ramnaresh Shrivas Aged About 31 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Lata, Block Pendra, District :
Gaurela-Pendra-Marwahi, Chhattisgarh
33 - Nirmala Sahu D/o Chandra Bhushan Aged About 35 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Patharridih, District : Dhamtari, Chhattisgarh 34 - Shakuntala Dewangan W/o Duleshwar Dewangan Aged About 32 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Patharridih, District : Dhamtari, Chhattisgarh 35 - Rakesh Yadav S/o Lakhan Lal Yadav Aged About 34 Years Presently Posted As Trained Graduate Teacher (Sports) At Eklavya Model Residential School Paladi Khurd, District : Sakti, Chhattisgarh 36 - Dinbandhu Mishra S/o L. P. Mishra Aged About 29 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Balatikra, Block- Chindgarh, District : Sukuma, Chhattisgarh 37 - Kirti Singh Parihar D/o Uma Shankar Parihar Aged About 28 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Jamthan, Block- Bharatpur, District :
Manendragarh-Chirmiri-Bharatpur, Chhattisgarh
38 - Garima Jaiswal W/o Amit Jaiswal Aged About 29 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Dongariya, Block Marwahi, District : Gaurela- Pendra-Marwahi, Chhattisgarh 39 - Pratik Dewangan S/o Chimman Lal Dewangan Aged About 31 Years Presently Posted As Trained Graduate Teacher (Livrarian) At Eklavya Model Residential School Daundi, District : Balod, Chhattisgarh 40 - Devanand Kindo S/o Baldev Prasad Aged About 26 Years Presently Posted As Trained Graduate Teacher (Physical Education) At 17 Eklavya Model Residential School Jamthan, Block Bharatpur, District :
Manendragarh-Chirmiri-Bharatpur, Chhattisgarh
41 - Ghyan Prakash S/o Ramprasad Ram Aged About 27 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Jamthan, Block Bharatpur, District :
Manendragarh-Chirmiri-Bharatpur, Chhattisgarh
42 - Sangeeta Patel D/o Ramadhar Patel Aged About 36 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Chhurikala, Block Katghora, District :
Korba, Chhattisgarh
43 - Dhriti Deepa Haldar D/o Shiv Pad Haldar Aged About 26 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Sirsingga (Bayasi), Block- Dharamjaigarh, District : Raigarh, Chhattisgarh 44 - Sumitra Sahu W/o Bedram Sahu Aged About 36 Years Presently Posted As Trained Graduate Teacher (Physical Education) At Eklavya Model Residential School Sonakhan, District : Balodabazar-Bhathapara, Chhattisgarh 45 - Manoj Kumar Gupta S/o Yudhisthir Gupta Aged About 31 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Chharratangar, Block Gharghoda, District :
Raigarh, Chhattisgarh
46 - Vedprakash Nishad S/o R K Nishad Aged About 29 Years Presently Posted As Trained Graduate Teacher (Art And Craft) At Eklavya Model Residential School Dondi, District : Balod, Chhattisgarh 47 - Manoj Kumar S/o Halal Ram Aged About 28 Years Presently Posted As Trained Graduate Teacher (Physical Education) At Eklavya Model Residential School Orchha, District : Narayanpur, Chhattisgarh 48 - Pooja Netam S/o Y S Netam Aged About 24 Years Presently Posted As Trained Graduate Teacher (Music) At Eklavya Model Residential School Bhoring, District : Mahasamund, Chhattisgarh 49 - Pushpanjali Mishra D/o Ramayan Prasad Dwivedi Aged About 34 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Lata, Block- Pendra, District : Gaurela- Pendra-Marwahi, Chhattisgarh 50 - Vedram Yadav S/o Santosh Yadav Aged About 32 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Dondi, Block Balod, District : Balod, Chhattisgarh 51 - Sonal Gupta W/o Ashish Gupta Aged About 36 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Chhindawada (Darbha), District : Bastar(Jagdalpur), Chhattisgarh 18 52 - Domesh Kumar Pande S/o Jailal Pande Aged About 33 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Chhindawada (Darbha), District :
Bastar(Jagdalpur), Chhattisgarh
53 - Chhavi Das Mahant S/o Pandit Das Mahant Aged About 34 Years Presently Posted As Trained Graduate Teacher (Music) At Eklavya Model Residential School Charratangar, Block- Gharghoda, District :
Raigarh, Chhattisgarh
54 - Roshani Pradhan D/o Dhruv Kumar Pradhan Aged About 28 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Dharamjaigarh, District : Raigarh, Chhattisgarh 55 - Jaini Markam S/o Chhedi Ram Aged About 31 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Bedma, Block- Kheshkal, District : Kondagaon, Chhattisgarh 56 - Sunil Kumar Patre S/o Jaijairam Patre Aged About 41 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Bandhwa, Block- Lormi, District : Mungeli, Chhattisgarh 57 - Dolly Nishad W/o Vijay Lal Nishad Aged About 32 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Dondi, District : Balod, Chhattisgarh 58 - Atish Toppo S/o Suleman Toppo Aged About 27 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Podidih, Block Khadgawan, District : Manendragarh- Chirmiri-Bharatpur, Chhattisgarh 59 - Sandhya Sao D/o Kanhaiya Sao Aged About 27 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Bhoring, District : Mahasamund, Chhattisgarh 60 - Anita Sahu W/o Jageshwar Sahu Aged About 37 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Sukma, District : Sukuma, Chhattisgarh 61 - Ram Kumari Peddi W/o Ram Kumar Peddi Aged About 41 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Sukma, District : Sukuma, Chhattisgarh 62 - Gopal Markam S/o Deva Ram Markam Aged About 36 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Sukma, District : Sukuma, Chhattisgarh 63 - Anju Deshmukh W/o T. P. Deshmukh Aged About 45 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya 19 Model Residential School Dondi, Block- Dondi, District : Balod, Chhattisgarh 64 - Keertilata Sidar D/o H. S. Sidar Aged About 26 Years Presently Posted As Trained Graduate Teacher (Mathematics) At Eklavya Model Residential School Sukma, District : Sukuma, Chhattisgarh 65 - Mamta Kumeti D/o Dukhwa Ram Aged About 30 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Orchha, District : Narayanpur, Chhattisgarh 66 - Ku. Sonam Devwanshi D/o Heeralal Patwa Aged About 28 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Sukma, District : Sukuma, Chhattisgarh 67 - Kamal Kishor Aware S/o Basant Lal Aware Aged About 42 Years Presently Posted As Trained Graduate Teacher (S.S.T.) At Eklavya Model Residential School Bhoring, District : Mahasamund, Chhattisgarh 68 - Suman Lata Sahu W/o Sandeep Sahu Aged About 32 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Lata Block Pendra, District : Gaurela-Pendra- Marwahi, Chhattisgarh 69 - Devee Singh Nag S/o Mangal Ram Nag Aged About 36 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Orchha Chhotedongar, District : Narayanpur, Chhattisgarh 70 - Meenakshi Sahu W/o Hirendra Kumar Sahu Aged About 32 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Pendri, District : Rajnandgaon, Chhattisgarh 71 - Priya Agrawal W/o Devendra Kumar Agrawal Aged About 31 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Lata, District : Gaurela-Pendra-Marwahi, Chhattisgarh 72 - Ku. Chetna Nag D/o R. Nag Aged About 32 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Orchha, District : Narayanpur, Chhattisgarh 73 - Bandana Tiwari W/o Ratnesh Tiwari Aged About 33 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Lata, District : Gaurela-Pendra-Marwahi, Chhattisgarh 74 - Bharti Sahu D/o Roop Sahu Aged About 26 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Pendri, District : Rajnandgaon, Chhattisgarh 75 - Mitesh Kumar Mahant S/o Ganesh Das Aged About 37 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya 20 Model Residential School Chharratangar, District : Raigarh, Chhattisgarh 76 - Mukesh Janghel S/o Ramadhar Janghel Aged About 32 Years Presently Posted As Trained Graduate Teacher (Sanskrit) At Eklavya Model Residential School Orchha, District : Narayanpur, Chhattisgarh 77 - Dhananjay Kumar S/o Dron Kumar Aged About 35 Years Presently Posted As Trained Graduate Teacher (Sanskrit) At Eklavya Model Residential School Mohla, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh 78 - Ishwar Yadav S/o Dirga Yadav Aged About 30 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Orchha, District : Narayanpur, Chhattisgarh 79 - Ku. Shraddha Singh D/o Surendra Singh Aged About 33 Years Presently Posted As Trained Graduate Teacher (Music) At Eklavya Model Residential School Paladikhurd, District : Sakti, Chhattisgarh 80 - Rajendra Kumar Sahu S/o Vishnu Prasad Sahu Aged About 34 Years Presently Posted As Trained Graduate Teacher (Pti) At Eklavya Model Residential School Bandhwa, Lormi, District : Mungeli, Chhattisgarh 81 - Nehru Ban S/o Jhadu Ban Aged About 35 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Bhoring, District : Mahasamund, Chhattisgarh 82 - Kunj Bihari S/o Egavendra Kumar Aged About 29 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Besoli, District : Bastar(Jagdalpur), Chhattisgarh 83 - Smt. Sunita Rai D/o K. C. Rai Aged About 52 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Dongriya, District : Gaurela-Pendra-Marwahi, Chhattisgarh 84 - Sakshi Sharma D/o Dinesh Sharma Aged About 24 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Sukma, District : Sukuma, Chhattisgarh 85 - Anju Thakur D/o Tilak Nath Thakur Aged About 34 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Sukma, District : Sukuma, Chhattisgarh 86 - Chakradhar Prasad Rathore S/o Ramdayal Rathore Aged About 36 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Paladi Khurd, District : Sakti, Chhattisgarh 87 - Pankaj Kumar Patel S/o Umakant Patel Aged About 30 Years Presently Posted As Trained Graduate Teacher (Mathematics) At 21 Eklavya Model Residential School Bhoring, District : Mahasamund, Chhattisgarh 88 - Narendra Kumar Bareth S/o Shyam Charan Bareth Aged About 29 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Paladi Kurd, District : Sakti, Chhattisgarh 89 - Ku. Drishti Parihar D/o Ajay Singh Parihar Aged About 23 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Boseli, Block- Bastar, District :
Bastar(Jagdalpur), Chhattisgarh
90 - Bhuneshwar Prasad Nishad S/o N. R. Nishad Aged About 32 Years Presently Posted As Trained Graduate Teacher (Sanskrit) At Eklavya Model Residential School Manpur, District : Mohla-Manpur-Ambagarh Chowki, Chhattisgarh 91 - Yashwant S/o Ram Bharosa Aged About 30 Years Presently Posted As Trained Graduate Teacher (Mathematics) At Eklavya Model Residential School Dondi, District : Balod, Chhattisgarh 92 - Vinay Kumar S/o Vishnu Ram Aged About 29 Years Presently Posted As Trained Graduate Teacher (Mathematics) At Eklavya Model Residential School Dondi, District : Balod, Chhattisgarh 93 - Smt. Dewanti Das W/o D. K. Satpathi Aged About 41 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Bhoring, District : Mahasamund, Chhattisgarh 94 - Vinay Kumar Sahu S/o Amar Singh Sahu Aged About 31 Years Presently Posted As Trained Graduate Teacher (Physical Education) At Eklavya Model Residential School Pendri, District : Rajnandgaon, Chhattisgarh 95 - Smt. Nirmala Jha W/o Ravikant Jha Aged About 36 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Besoli, District : Bastar(Jagdalpur), Chhattisgarh 96 - Geetanjali Soni D/o Toshram Swarnkar Aged About 41 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Paladi Kurd, District : Sakti, Chhattisgarh 97 - Smt. Deepti Dhurandhar W/o- Dheeraj Dhurandhar Aged About 28 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Sonakhan, District : Balodabazar-Bhathapara, Chhattisgarh 98 - Manoj Kumar Sumere S/o Dhanirma Sumer Aged About 45 Years Presently Posted As Trained Graduate Teacher (Music) At Eklavya Model Residential School Dongariya, District : Gaurela-Pendra- Marwahi, Chhattisgarh 22 99 - Vikas Singh S/o Rajuram Thakur Aged About 27 Years Presently Posted As Trained Graduate Teacher (Mathematics) At Eklavya Model Residential School Gadhiya, District : Bastar(Jagdalpur), Chhattisgarh 100 - Ranjana Verma D/o Ashwani Verma Aged About 32 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Bhoring, District : Mahasamund, Chhattisgarh 101 - David Lall S/o S.K. Lall Aged About 34 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Podidh, District : Manendragarh-Chirmiri-Bharatpur, Chhattisgarh 102 - Yogeshwari Sahu W/o Mohan Sahu Aged About 26 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Balatikra Chhindgarh, District : Sukuma, Chhattisgarh 103 - Manjit Singh S/o Kaushal Prasad Aged About 28 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Paladi Khurd, District : Sakti, Chhattisgarh 104 - Guddi Namdeo W/o Rupam Namdeo Aged About 40 Years Presently Posted As Trained Graduate Teacher (Sanskrit) At Eklavya Model Residential School Paladi Khurd, District : Sakti, Chhattisgarh 105 - Srishti Parihar D/o Ajay Parihar Aged About 25 Years Presently Posted As Trained Graduate Teacher (Mathematics) At Eklavya Model Residential School Chhindawada- Darbha, District : Bastar(Jagdalpur), Chhattisgarh 106 - Hema Patel D/o Dol Narayan Patel Aged About 40 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Dongariya, District : Gaurela-Pendra- Marwahi, Chhattisgarh 107 - Shyamlal Sinha S/o Murha Ram Sinha Aged About 34 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Bedma, District : Kondagaon, Chhattisgarh 108 - Ratnaprakash Say S/o Satyaprakash Say Aged About 33 Years Presently Posted As Trained Graduate Teacher (Sanskrit) At Eklavya Model Residential School Bhoring, District : Mahasamund, Chhattisgarh 109 - Anju Evaney D/o Mansharam Evaney Aged About 26 Years Presently Posted As Trained Graduate Teacher (Mathematics) At Eklavya Model Residential School Besoli, District : Bastar(Jagdalpur), Chhattisgarh 110 - Bhawana Patel D/o Suresh Kumar Patel Aged About 27 Years Presently Posted As Trained Graduate Teacher (Mathematics) At Eklavya Model Residential School Bhoring, District : Mahasamund, Chhattisgarh 23 111 - Chitra Markam D/o Lt. Atmaram Markam Aged About 33 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Orachha, District : Narayanpur, Chhattisgarh 112 - Rekhchand Kaiwartya S/o Prabhu Dayal Aged About 29 Years Presently Posted As Trained Graduate Teacher (Lab Attendent) At Eklavya Model Residential School Sonakhan, District : Balodabazar- Bhathapara, Chhattisgarh 113 - Mukesh Kumar Verma S/o Ramesh Lal Verma Aged About 33 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Bhoring, District : Mahasamund, Chhattisgarh 114 - Nikita Saha D/o Nitai Chandra Saha Aged About 27 Years Presently Posted As Trained Graduate Teacher (Mathematics) At Eklavya Model Residential School Sukma, District : Sukuma, Chhattisgarh 115 - Smt. Prachi Pandey D/o Khagesh Prasad Pandey Aged About 26 Years Presently Posted As Trained Graduate Teacher (Mathematics) At Eklavya Model Residential School Paladi Khurd, District : Sakti, Chhattisgarh
---Petitioner(s) Versus 1 - Union Of India Through Its Secretary Ministry Of Tribal Affairs Rajendra Prasad Road, Shashtri Bhawan New Delhi 2 - National Education Society For Tribal Student Through Its Commissioner Ministry Of Tribal Affairs, Union Of India Graund Floor, Gate No. 3 A, Jeevan Tara Building, Parliament Street, New Delhi- 110001.
3 - State Of Chhattisgarh Through Its Secretary Scheduled Caste Schedule Tribe Development Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 4 - Eklavya Vidyalay Sangathan Samiti Through Its Commissioner-Cum- Secretary Scheduled Caste Schedule Tribe Development Department, Block-D, Ground Floor, Indrawati Bhawan, Atal Nagar, District : Raipur, Chhattisgarh
--- Respondent(s) (Cause-title is taken from Case Information System) 24 For Petitioners : Mr. Mateen Siddiqui, Mr. Bharat Lal Sahu, Mr. Palash Agrawal, Mr. Chandradeep Prasad, Mr. Vivek Kumar Agrawal and Ms. Bharti Khunte, Advocates For State : Mr. Anand Dadariya, Dy. Advocate General For Union of India : Mr. Ramakant Mishra, Dy. Solicitor General and Mr. Tushar Dhar Diwan, Central Government Counsel (Hon'ble Shri Amitendra Kishore Prasad, Judge)] C.A.V. Order
1. The contents and factual matrix involved in all the writ petitions would revel that the bone of contention in them is one and same, as such, all these writ petitions are clubbed together, heard together and are being decided by this common order.
2. All these writ petitions have been filed by different sets of petitioners raising a common grievance against the impugned advertisement issued by the National Education Society for Tribal Students (NESTS), Ministry of Tribal Affairs, for recruitment of teaching and non-teaching staff in Eklavya Model Residential Schools (EMRS). The petitioners are permanent residents of Chhattisgarh and are duly qualified PGT/TGT teachers who were appointed between 2016 and 2024 in various EMRS institutions through orders issued by the Collector and Assistant Commissioner, Tribal Welfare, and whose services have been continuously extended for several years. Despite their long and uninterrupted service against vacant posts, the respondent 25 authorities issued a fresh centralized advertisement inviting applications from candidates across the country, without considering the existing teachers or safeguarding their livelihood.
The petitioners contend that NESTS has no authority or locus to issue such an advertisement, as under Clauses 9.1(k) and 9.3(e) & (f) of the EMRS Guidelines, recruitment powers vest with the competent State authority/Eklavya Vidyalaya Sangathan Samiti, and no valid entrustment to NESTS has been shown. They, therefore, challenge the advertisement as arbitrary, illegal, contrary to the EMRS Guidelines and violative of Articles 14 and 16 of the Constitution of India.
3. Writ petition No. 7753 of 2023 has been taken as lead case in order to decide the issues involved in these matters. The petitioners in the said writ petition has prayed for following reliefs :--
"10.1 That, the Hon'ble Court may kindly be pleased to set-aside/ quash the advertisement (P/1) issued by the National Education Society for Tribal Student.
10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authority to consider the candidature of the petitioners for regularization the services of the petitioners on the post of Post Graduate Teachers (PGT).
10.3 That, any other relief(s) which the Hon'ble Court deems fit & proper may kindly be pleased to granted in favour 26 of the petitioners;"
4. The brief facts of the case, as projected in W.P. (S.) No. 7753 of 2023, are that the petitioners are permanent residents of the State of Chhattisgarh and possess the requisite educational qualifications for appointment to the post of Post Graduate Teachers (PGT) in Eklavya Model Residential Schools (EMRS), namely a Master's Degree in the concerned subject along with a B.Ed. Degree. Pursuant thereto, the petitioners were initially appointed as "Lecturer (PGT)" during the period 2016 to 2022 in different EMRS institutions situated across various districts of Chhattisgarh. Their appointments were made by the competent authorities, namely the Collector and the Assistant Commissioner, Tribal Welfare, and since the date of initial engagement, their services have been continuously extended from time to time. At present, the petitioners are discharging their duties with sincerity and dedication. It is further submitted that the petitioners have been rendering teaching services in EMRS institutions for several years; some of them have completed more than six years of uninterrupted service, many have completed more than four years, and only a few have been engaged more recently, thereby establishing their long association with the EMRS system in the State. The Ministry of Tribal Affairs, Government of India, issued comprehensive guidelines dated 13.11.2020 governing the functioning and administration of EMRS institutions. As per 27 Clause 9.1(k) of the said guidelines, the National Education Society for Tribal Students (NESTS) may, if the need so arises, entrust recruitment of teachers for States to an independent agency, whereas Clauses 9.3(e) and (f) specifically cast the responsibility of recruitment of teaching and non-teaching staff, in accordance with prescribed norms and reservation policies, upon the State/UT EMRS Society. Contrary to the aforesaid framework, the respondent No.2-NESTS issued the impugned advertisement (Annexure P/1) inviting applications for recruitment of teaching and non-teaching posts in EMRS institutions across the country, including the posts of PGTs presently held by the petitioners. The recruitment process was opened at the national level, attracting applications from candidates across India, without disclosing or placing on record any document to show that recruitment for the State of Chhattisgarh had been lawfully entrusted to any independent agency in terms of Clause 9.1(k) of the guidelines.
The petitioners contend that the issuance of the impugned advertisement by NESTS is without authority and jurisdiction, as the power of recruitment vests with the State-level EMRS Society/Eklavya Vidyalaya Sangathan Samiti under Clauses 9.3(e) and (f) of the guidelines. It is further pleaded that State-
level recruitment is essential to ensure proper implementation of the reservation policy applicable within the State, and that centralized recruitment would adversely affect the rights of SC/ST/OBC candidates of Chhattisgarh, for whose benefit EMRS 28 institutions have been established. The petitioners have also placed reliance on the fact that similarly situated teachers approached the High Court of Uttarakhand in WPSS No.1414/2023, wherein the selection process pursuant to a similar advertisement was stayed vide order dated 17.08.2023. It is further submitted that despite long years of service, experience certificates, and fulfillment of all eligibility criteria for regular appointment, the respondent authorities failed to consider the case of the petitioners for any alternative relief such as absorption, regularization or continuation on contractual basis on lines similar to schemes like 'Vidya-Mitaan', and instead proceeded in a casual and arbitrary manner which threatens the livelihood of the petitioners. The petitioners also rely upon the circular dated 16.03.2022 issued by the Under Secretary, School Education Department, Government of Chhattisgarh, wherein it was directed that no regular appointment, promotion or transfer shall be made in schools where guest teachers are already working, as well as the order dated 15.11.2021 issued by the Mizoram EMRS Society regularizing contractual employees.
Lastly, it is stated that the petitioners, through their union, namely, Chhattisgarh Eklavya School Guest Teacher Union, submitted a detailed representation dated 25.07.2023 to the Ex-officio Secretary, Eklavya Vidyalaya Sangathan Samiti, seeking consideration of their cases for regularization on the post of PGT, which has remained unattended till date. In these circumstances, 29 the petitioners assert that the impugned advertisement is illegal, arbitrary and contrary to the EMRS guidelines, and that denial of any protective or alternative relief to the petitioners is violative of principles of natural justice and settled law, compelling them to invoke the extraordinary jurisdiction of this Court.
5. The learned counsel appearing for the petitioners in the connected batch of writ petitions jointly submit that all the petitioners raise identical questions of law and substantially similar facts, warranting common adjudication by this Court. At the outset, it is submitted that the petitioners are permanent residents of the State of Chhattisgarh and possess the requisite educational qualifications prescribed for the posts of Post Graduate Teachers (PGT) and Trained Graduate Teachers (TGT) in Eklavya Model Residential Schools (EMRS), including the requisite Master's Degree / Graduate Degree and B.Ed., as applicable. There is no dispute with regard to their eligibility or competence. It is further submitted that the petitioners were appointed between the years 2016 to 2024 as PGTs/TGTs in various EMRS institutions situated across different districts of Chhattisgarh. Their appointments were made through valid orders issued by the Collectors, Assistant Commissioners, Tribal Welfare, and District Level EMRS Committees. Their services have been extended from time to time, and many of the petitioners continue to discharge their duties diligently even as on 30 date. The petitioners have rendered long, continuous, and uninterrupted service, with several petitioners having completed more than six years, many having completed four or more years, and some engaged more recently. Such prolonged engagement, coupled with repeated extensions by the authorities, has given rise to a legitimate expectation that their services would not be terminated abruptly and that they would be considered for absorption, regularisation, or at least alternative continuation. In this regard, reliance is placed upon the judgment of the Hon'ble Supreme Court in Bannari Amman Sugar Ltd. v. Commercial Tax Officer, (2005) 1 SCC 625, wherein it has been held that a legitimate expectation may arise even in the absence of a legal right, where such expectation flows from a representation or consistent past practice. Further reliance is placed on Union of India v. Hindustan Development Corporation, AIR 1994 SC 980, wherein it was held that legitimate expectation arises in service matters and cannot be defeated arbitrarily.
6. The learned counsel for the petitioners further submit that the Ministry of Tribal Affairs, Government of India, issued binding Guidelines dated 13.11.2020 governing the administration and functioning of EMRS institutions. Clause 9.1(k) permits entrustment of recruitment to an independent agency only if need arises, while Clauses 9.3(e) and (f) categorically vest the responsibility of recruitment of teaching and non-teaching staff 31 upon the State/UT EMRS Society, mandating strict adherence to State-specific reservation policies. It is submitted that the impugned advertisement issued by the National Education Society for Tribal Students (NESTS) for centralised recruitment of teaching and non-teaching posts across the country is ultra vires the aforesaid guidelines. Despite repeated opportunities, the respondents have failed to place on record any document demonstrating either the existence of necessity or lawful authorisation empowering NESTS to usurp the recruitment powers of the State EMRS Societies. The learned counsel submit that under Clauses 9.3(e) and (f), the power of recruitment clearly lies with the Eklavya Vidyalay Sangathan Samiti / State EMRS Society, and therefore, the impugned advertisement suffers from lack of jurisdiction and is bad in law. It is further submitted that similarly situated TGT teachers challenged an identical recruitment notification before the High Court of Uttarakhand in WPSS No. 1414/2023, wherein the Court, by order dated 17.08.2023, stayed the entire selection process. The petitioners herein stand on an identical footing and are entitled to similar protection. The learned counsel submit that prior to initiating fresh recruitment through a centralised process, the respondent authorities were duty-bound to explore less drastic alternatives, such as absorption, regularisation, or continued contractual engagement, especially when the petitioners have been serving for several years and fulfilling all eligibility criteria. The 32 respondents' failure to do so reflects arbitrariness, non-application of mind, and violation of principles of natural justice. It is submitted that even Guest Teachers (Vidya-Mitaan) engaged through outsourcing have been granted protection by the State Government of Chhattisgarh vide order dated 16.03.2022, directing that no regular appointment, promotion, or transfer shall be made where guest teachers are presently working. Denial of similar or better protection to the petitioners, who are more experienced and qualified, is discriminatory. The learned counsels further submit that the Mizoram EMRS Society, by order dated 15.11.2021, has regularised contractual EMRS employees with effect from 01.09.2021, demonstrating that regularisation is feasible and has already been implemented by another State under the same EMRS framework. It is also submitted that the petitioners, through their representative union, Chhattisgarh Eklavya School Guest Teacher Union, submitted a detailed representation dated 25.07.2023 seeking regularisation / absorption. The same remains undecided till date, which itself renders the respondents' action arbitrary and unsustainable.
Further, vide order dated 05.06.2024, the Commissioner-cum-Ex-
Officio Secretary, Chhattisgarh State Level Tribal Welfare Residential Educational Institutional Committee, constituted a committee to examine the eligibility of EMRS teaching and non-
teaching staff for absorption, thereby reinforcing the petitioners' legitimate expectation. The learned counsels submit that the 33 impugned action violates Articles 14, 16, and 21 of the Constitution of India. Arbitrary deprivation of livelihood without fair consideration offends equality, fairness, and the right to dignified employment, as held by the Hon'ble Supreme Court in B.A. Linga Reddy v. Karnataka State Transport Authority. In view of the aforesaid facts, settled legal principles, and binding guidelines, it is jointly submitted that the impugned advertisement is arbitrary, without authority of law, violative of legitimate expectation, and unconstitutional. The petitioners, having served tribal students for several years under EMRS, deserve protection, consideration for absorption/regularisation, or at least an equitable alternative arrangement in the interest of justice.
7. At the outset, learned State counsel submits that the present writ petition, as framed and filed, is bereft of merit, misconceived on facts and law, and is liable to be dismissed at the threshold. The petitioners have failed to establish any enforceable legal right warranting interference under Article 226 of the Constitution of India. A bare perusal of the relief clause would demonstrate that the principal relief sought by the petitioners is for quashment of the impugned advertisement issued by respondent No.2 -
National Education Society for Tribal Students (NESTS), Ministry of Tribal Affairs, Government of India, and further for regularisation against posts which fall within the administrative domain of the Union of India. No substantive or effective relief has been claimed against the answering respondents/State of 34 Chhattisgarh. The alleged grievance, if any, arises out of actions taken by respondent Nos.1 and 2. Therefore, the writ petition, insofar as it is directed against the answering respondents/State, is not maintainable and deserves dismissal on this ground alone.
Learned State counsel submits that the entire foundation of the petitioners' case is based on a false assumption that they were appointed as regular or contractual employees. In fact, the petitioners were engaged purely as Guest Teachers on per-
period/per-lecture basis, through walk-in interviews conducted by the District Level Committees between the years 2016 to 2022.
Such engagement was only a stop-gap arrangement, intended to ensure smooth functioning of EMRS till regular recruitment could be undertaken. The engagement orders were temporary in nature, carried no promise of continuation or regularisation, and automatically came to an end on expiry of the academic session or as per requirement. It is further submitted that the petitioners have deliberately suppressed material facts. Though they have averred that appointment orders, the same have not been filed.
Only experience certificates have been annexed, which clearly disclose that the engagement was temporary and on guest basis.
Issuance of experience certificates does not confer any legal right to regularisation. Learned State counsel submits that the EMRS scheme was originally initiated under Article 275(1) of the Constitution of India and, pursuant to the decision dated 06.03.1998 of the Ministry of Tribal Affairs, States were directed to 35 constitute registered societies for running EMRS with 100% financial assistance from the Central Government. Accordingly, the State of Chhattisgarh constituted a registered society, namely Chhattisgarh Rajya Stariya Adim Jati Kalyan Sansthan Samiti, and also established District Level Committees for day-to-day administration of schools. The role of the State Government has always been facilitatory and supervisory, limited to channelising funds and administrative coordination. Under the Eklavya Adarsh Awasiya Vidyalaya Sewa Bharti evam Padonnati Niyam, 2007, the District Level Committee is empowered to make temporary engagements till regular appointments are made. Such temporary appointees are not State Government employees, nor do they acquire any statutory status. Revamping of EMRS as a Central Sector Scheme Learned State counsel submits that in the year 2018-19, the Union Cabinet revamped the EMRS scheme and declared it a Central Sector Scheme, thereby fundamentally altering the governance structure of EMRS institutions. An autonomous body, namely National Education Society for Tribal Students (NESTS), was established on 01.04.2019 under the Societies Registration Act. As per the Memorandum of Association and Rules of NESTS, the Society has been entrusted with the responsibility to establish, manage, control, and administer EMRS across the country, including framing recruitment principles, service conditions, and selection procedures for teaching and non-teaching staff. Thus, the 36 contention of the petitioners that recruitment powers vest exclusively with the State EMRS Society is factually incorrect and legally untenable after revamping of the scheme. Learned State counsel submits that the EMRS Guidelines dated 13.11.2020 specifically mandate NESTS to provide standards and norms for recruitment and continuation of staff. Clause 9.1(b), (i) and (k) clearly authorise NESTS to administer EMRS and, if need be, entrust recruitment to an independent agency while ensuring reservation norms. Further, a Memorandum of Understanding dated 08.07.2021, and a revised MoU dated 11.10.2023, were executed between NESTS and the State EMRS Society, Chhattisgarh, wherein the State expressly agreed that recruitment of teaching and non-teaching staff shall be the responsibility of NESTS. Therefore, the impugned advertisement is neither without jurisdiction nor contrary to the guidelines, but is in consonance with statutory instruments and mutual agreements binding upon the State.
8. Learned State counsel further submits that the Ministry of Tribal Affairs obtained approval from the Department of Expenditure, Government of India, in January 2023 for creation of 38,480 permanent posts across 740 EMRS institutions. Pursuant thereto, EMRS Recruitment Rules, 2023 were notified by NESTS with approval of its Governing Body chaired by the Hon'ble Minister of Tribal Affairs. The recruitment has been initiated in a phased, transparent and uniform manner, following central reservation 37 roster, with age relaxation up to 55 years to ensure fair participation of existing guest teachers, including the petitioners.
No Right to Regularisation or Legitimate Expectation Learned State counsel submits that the petitioners' claim for regularisation is squarely barred by the law laid down in Secretary, State of Karnataka v. Uma Devi, (2006) 4 SCC 1, wherein the Hon'ble Supreme Court has categorically held that temporary, contractual or casual employees cannot claim regularisation or permanency merely on the basis of long service. The doctrine of legitimate expectation cannot be invoked by guest or temporary employees, as held in paragraphs 46 and 47 of the said judgment. The petitioners were fully aware of the nature of their engagement and cannot now seek a right contrary to recruitment rules. Reliance is also placed on Nagar Mahapalika v. Vibha Shukla, (2007) 15 SCC 161, and CEO, Zila Parishad, Thane v. Santosh Tukaram Tiware, SLP (C) No. 3466/2022, wherein it has been reiterated that contractual engagement does not create any lien for regularisation. Learned State counsel further submits that this Court, in WPS No. 2760/2023 (Prashant Kashyap) and WPS No. 3003/2023 (Jashwant Kumar), has held that protection to guest teachers is limited only to the extent that they are not replaced by another set of guest teachers, and such protection does not preclude the authorities from making regular appointments through proper recruitment process.
9. I have heard learned counsel for the parties and have perused the 38 documents enclosed along with the petition with utmost circumspection.
10. The undisputed facts emerging from the record are that the petitioners were engaged as PGT/TGT teachers in different Eklavya Model Residential Schools (EMRS) situated in various districts of the State of Chhattisgarh between the years 2016 to 2024. Their engagements were made through orders issued by the Collector / Assistant Commissioner, Tribal Welfare / District Level EMRS Committees. It is also not in dispute that the petitioners possess the requisite educational qualifications prescribed for the said posts. The petitioners admittedly were engaged on a temporary/guest basis, and their services were extended from time to time depending upon the administrative requirements.
11. Though many of the petitioners have rendered long years of service, in some cases extending beyond six years, their engagement continued to remain temporary in nature and was never converted into a regular appointment through a process of selection in accordance with statutory recruitment rules.
Subsequently, after the revamping of the EMRS Scheme as a Central Sector Scheme, the National Education Society for Tribal Students (NESTS) was constituted and empowered to administer, manage, and regulate EMRS institutions across the country.
39Pursuant thereto, the Central Government approved creation of regular posts and framed EMRS Recruitment Rules, 2023, followed by issuance of a centralised advertisement for filling up regular teaching and non-teaching posts in EMRS institutions.
12. The primary issue which thus arises for consideration before this Court is whether the petitioners, who were working on a temporary basis for a long duration, have a legal right to seek quashment of the centralised advertisement and claim regularisation/absorption against the said posts.
13. The petitioners have argued that their long and uninterrupted service has created a legitimate expectation for regularisation and that the recruitment powers vest with the State EMRS Society under the EMRS Guidelines. On the other hand, the learned State counsel and learned counsel for the Union of India have contended that the petitioners were engaged purely on a temporary basis as a stop-gap arrangement and that regular recruitment falls exclusively within the domain of the Central Government/NESTS after revamping of the scheme.
14. Upon careful consideration of the record, this Court finds that the nature of engagement of the petitioners was purely temporary.
The engagement was not made pursuant to any regular recruitment process nor under any statutory recruitment rules. It is well settled that temporary or guest employees do not acquire a 40 vested right to be regularised merely on the basis of long service, as held by the Hon'ble Supreme Court in Secretary, State of Karnataka v. Uma Devi and subsequent judgments.
15. This Court further finds merit in the submission of the respondents that after declaration of EMRS as a Central Sector Scheme, the power to create posts and undertake regular recruitment has been assumed by the Central Government through NESTS, supported by statutory rules, Memorandum of Association, and Memoranda of Understanding executed with the State EMRS Society.
Therefore, the contention that the Central Government lacks jurisdiction to issue the impugned advertisement cannot be accepted.
16. Accordingly, this Court holds that the prayer for quashment of the impugned advertisement and for direct regularisation/absorption of the petitioners cannot be granted, as the same would be contrary to the settled principles of service jurisprudence and statutory recruitment framework. However, this Court cannot be oblivious to the fact that the petitioners have served in EMRS institutions for a considerable period, imparting education to tribal students in remote areas. Their experience, familiarity with the EMRS system, and contribution to the functioning of the schools cannot be brushed aside lightly. Though the petitioners do not possess an enforceable legal right to regularisation, equity 41 demands that their experience be given due consideration. It would be unjust to completely ignore the long years of service rendered by them while undertaking regular recruitment.
Therefore, while upholding the authority of the Central Government/NESTS to conduct regular recruitment, this Court deems it appropriate to issue a balanced and equitable direction in the interest of justice.
17. Consequently, it is directed that the Central Government as well as the State Government/NESTS shall reconsider the cases of the petitioners, who have served in EMRS institutions for a considerable period, and their experience shall be given due weightage/preference, as permissible under the applicable recruitment rules or policy, while considering them for re-
appointment or engagement, subject to fulfillment of eligibility conditions. It is clarified that this Court has not directed regularisation or automatic absorption, but has only directed reconsideration of the petitioners' cases by giving due importance to their experience, so that the services rendered by them are not rendered meaningless.
18. With the aforesaid observations and directions, all the writ petitions are disposed of.
No order as to costs.
Sd/-
(Amitendra Kishore Prasad)
Shayna JUDGE