Chattisgarh High Court
Ved Prakash vs State Of Chhattisgarh on 12 June, 2024
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
Neutral Citation
2024:CGHC:18833
Page 1 of 6
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 3350 of 2023
Bhuneshwar Sahu S/o. Tarachand Sahu, Aged About 31 Years
Resident Of Vinayak Nagar Ring Road Fingeshwar District
Gariyband Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, Department Of School
Education, Mahanadi Bhawan, Mantralya Atal Nagar, New
Raipur, District Raipur Chhattisgarh
2. Director, Directorate Of Chhattisgarh Public Instruction Indrawati
Bhawan, Naya Raipur, District Raipur Chhattisgarh
3. Professional Examination Board, Through Its Controller Vyapam
Bhawan Sector 19 North Block Atal Nagar Raipur Chhattisgarh
---- Respondents
WPS No. 3477 of 2023 Bhabatosh Bapari S/o Jagadish Bapari Aged About 36 Years Residence Of Ward No. 10, Pakhanjur, P.V. 03, Sharda Nagar, Kanker, District Kanker Chhattisgarh.
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur (C.G.)
2. Director Directorate Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur (C.G.)
---- Respondents WPS No. 3658 of 2023 Mordhwaj Sahu Son Of Nanau Ram Sahu, Aged About 29 Years Residence Of Ward No. 20, Gatadih, Baloda Bazar, District Baloda Bazar, Bahatapara Chhattisgarh
---- Petitioner Versus
1. State Of Chhattisgarh Through Secretary, Education Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh
2. Director, Directorate, Education Department, Indrawati Bhawan, Nava Raipur, District Raipur Chhattisgarh
---- Respondents WPS No. 3877 of 2023
1. Ved Prakash Son Of Ramji, Aged About 36 Years Resident Of Village Chucharungpur, Post Guda, Tahsil And District Neutral Citation 2024:CGHC:18833 Page 2 of 6 Kabirdham Chhattisgarh
2. Sunil Kumar Pal, Son Of Shri Anjori Pal, Aged About 33 Years Resident Of Village Lapur, Post Dadhi, Tahsil And District Bemetara Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur Chhattisgarh
2. Director, Directorate Of Chhattisgarh Pubic Instruction Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh
3. Professional Examination Board, Through Its Controller Vyapam Bhawan Sector - 19 North Block Atal Nagar Raipur Chhattisgarh
---- Respondents WPS No. 5905 of 2023
1. Devendra Kumar Yadav S/o Goverdhan Prasad Yadav, Aged About 30 Years R/o Village Dharashiv Tahsil Navagarh District Janjgir Champa Chhattisgarh.
2. Srikant S/o Goverdhan Prasad Yadav, Aged About 27 Years R/o Village Dharashiv Tahsil Navagarh District Janjgir Champa Chhattisgarh.
3. Hemant Kumar S/o Shri Hemlal Devangan, Aged About 30 Years R/o Village Birra, Post Birra, District Janjgir Champa Chhattisgarh.
4. Ajay Kumar S/o Shri Rambali, Aged About 29 Years R/o Village Dharashiv Post Bamnidih District Janjgir Champa Chhattisgarh.
5. Ranjit Kumar S/o Shri Ravindra Kumar Aged About 26 Years R/o Village Dharashiv Post Bamnidih District Janjgir Champa Chhattisgarh.
6. Anil Kumar S/o Ramprasad, Aged About 27 Years R/o Village Dharashiv Block Navagarh Post Bamnidih District Janjgir Champa Chhattisgarh.
7. Neha D/o Santosh Kumar Aged About 27 Years R/o Village Dharashiv Post Bamnidih District Janjgir Champa Chhattisgarh.
8. Puhpendra Kumar Patel S/o Shri Bhagwat Prasad Patel Aged About 30 Years R/o Village Dharashiv Post Bamnidih District Janjgir Champa Chhattisgarh.
9. Mahendra Kumar S/o Shri Jaleshwar Kumar, Aged About 30 Years Village Piparmati, Post Pandariya District Kabirdham (Chhattisgarh)
10. Tilesh Kumar Sahu, S/o Shri Banshidhar Sahu, Aged About 23 Years Village Gidhouri, Block Kasdol District Balodabajar Bhatapara Chhattisgarh
11. Lalit Yadav S/o Narayan Yadav Aged About 27 Years Village Godapali District Sarangarh- Bilaigarh Chhattisgarh Neutral Citation 2024:CGHC:18833 Page 3 of 6
12. Mohnish Kumar S/o Sarwanlal Aged About 29 Years Village Birra Post Birra District Janjgir Champa Chhattisgarh
13. Anjuly Pandey D/o Shri Suryakant Pandey Aged About 29 Years Village Sahaspur Lohara, District Kabirdham (Chhattisgarh)
14. Raju Kumar Sahu S/o Ramchandra Sahu Aged About 32 Years Village Belmuda Tahsil Pandariya District Kabirdham (Chhattisgarh)
15. Yadram Kashyap S/o Shri Chawarsingh Aged About 33 Years Village Birra Block Bamnidih District Janjgir Champa (Chhattisgarh)
---- Petitioners Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya Atal Nagar, New Raipur, District Raipur Chhattisgarh
2. Director, Directorate Of Chhattisgarh Public Instruction Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh
3. Professional Examination Board Through Its Controller Vyapam Bhawan Sector 19 North Block Atal Nagar Raipur (Chhattisgarh)
---- Respondents WPS No. 9647 of 2023
1. Indrani Dewangan D/o Ashwani Kumar Dewangan Aged About 32 Years R/o Virendra Nagar, Borsi Durg, District : Durg, Chhattisgarh
2. Sangeeta D/o Dinesh Kumar Sinha Aged About 33 Years R/o Village Mudpar, Post Uparway, District : Rajnandgaon, Chhattisgarh
3. Aatish Kumar Devangan S/o Bisauha Devangan Aged About 24 Years R/o Ward No.04, Totalbharri, District : Rajnandgaon, Chhattisgarh
4. Sanjay Kumar Khare S/o Kailash Khare Aged About 30 Years R/o Village Totalkhuli, Post Parnibdan, District : Mahasamund, Chhattisgarh
5. Yogendra Patel S/o Badrinath Patel Aged About 26 Years R/o Gopalpara, Dongakauhroud, Pamgarh, District : Janjgir- Champa, Chhattisgarh
6. Yatendra Kumar Sinha S/o Punu Ram Sinha Aged About 37 Years R/o Ward No.04, Dhamtari, District : Dhamtari, Chhattisgarh
7. Mukesh Kumar S/o Makhan Lal Aged About 34 Years R/o Village Lejhewara, Post Lawatara, Tahsil And District Bemetara Chhattisgarh.
8. Vinod Kumar Patnayak S/o Bhagat Ram Aged About 27 Years R/o Village Bhurka, Satnami Para, District : Mungeli, Chhattisgarh
9. Anil Kumar Sahu S/o Dadu Ram Sahu Aged About 34 Years R/o Neutral Citation 2024:CGHC:18833 Page 4 of 6 Village Devgaon, Mahamaya Para, District : Mungeli, Chhattisgarh
10. Ram Kumar S/o Shri Chaitram Kumhar Aged About 37 Years R/o Nagar Panchayat Pipariya, Post Pipariya, District : Kawardha (Kabirdham), Chhattisgarh
11. Raju Kumar Sahu S/o Shri Ramchandra Sahu Aged About 32 Years R/o Village Belmuda, Post Bodtara Khurd, Tahsil Pandariya, District : Kawardha (Kabirdham), Chhattisgarh
12. Trilok Singh S/o Khomulal Aged About 36 Years R/o Village Bhaisbod, Tahsil Patan, District : Durg, Chhattisgarh
13. Rajeshwari W/o Digeshwar Kumar Aged About 33 Years R/o Village Temri, Post Surpa, Block Patan, District : Durg, Chhattisgarh
14. Bodhan Ram S/o Nandlal Aged About 37 Years R/o Ward No.10, Lalpur, Nagar Palika Parishad, Khairagarh, District : Khairagarh- Chhuikhadan-Gandai, Chhattisgarh
15. Pokhraj Dahariya S/o Bharat Ram Dahariya Aged About 32 Years R/o Ward No.04, Village Teka, Po. Deori, Rajim, District :
Gariyabandh, Chhattisgarh
---- Petitioners Versus
1. State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District : Raipur, Chhattisgarh
2. Director Directorate Of Chhattisgarh Public Instruction Indravati Bhawan, Naya Raipur, District : Raipur, Chhattisgarh
---- Respondents For Petitioners : Mr. Ajay Shrivastava, Advocate For State : Mr. S.S. Baghel, Government Advocate For VYAPAM : Mr. Avinash Singh, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 12.06.2024
1. As common question of law and facts are involved in the bunch of these writ petitions, they are heard analogously and are being disposed of by this common order.
Neutral Citation 2024:CGHC:18833 Page 5 of 6
2. The State has issued advertisement for appointment of various posts of Assistant Teachers, Teachers, Lecturers in the School Education Department on 04.05.2023 vide Annexure P/1. The petitioners have challenged the validity of the advertisement issued by the State and have prayed for following reliefs:-
10(i) That, this Hon'ble Court may kindly be pleased to quash Advertisement P/1 as the same is contrary to Entry 33 of Schedule II of Chhhattisgarh School Education Service (Education and Administrative Cadre) Recruitment and Promotion Rules, 2019 in the interest of justice.
10(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to issue advertisement as per the provisions of Rules, 2019 in the interest of justice.
3. Apart from these reliefs, the petitioner in Writ Petition No. 3877 of 2023 has also challenged the advertisement on the count that there is no provision for bonus marks to guest teachers in the Rules of 2019 still the bonus marks have been allotted to them.
4. The validity of the advertisement has also been challenged before the Hon'ble Division Bench of this Court in WPS No. 5515/2023 and other connected matters, wherein the Hon'ble Division Bench has upheld the validity of the advertisement vide its order dated 08.08.2023, the operative part of the order reads as under:-
"29. As rightly pointed out by the learned State Counsel, there is always a presumption in favour of the constitutionality of any enactment and no declaration to legislative enactment be made as unconstitutional and void solely on account of unjust and harsh provisions or because it is apprehended to violate some right of the citizen, unless, it can be shown that such provision in fact prohibited the rights guaranteed or protected by the Constitution. The presumption is always in favour of the constitutionality of legislation and the burden is upon the person who attacks it to show that it is invalid and it has to be specifically established that the Rule under challenge is of such nature that no prudent man can accept legality of the same being highly arbitrary or unreasonable. Further, by the impugned amendment, the educational qualification has not been lowered or reduced which may affect the teaching ability of a candidate who has to teach the Middle School students."
5. Learned counsel for the petitioners would submit that order Neutral Citation 2024:CGHC:18833 Page 6 of 6 passed by the Hon'ble Division Bench has been challenged before the Hon'ble Supreme Court which is registered as SLP (C) Nos. 19425-19426/2023, wherein notices have been issued to the respondents.
6. Learned counsel for the State would submit that on the same set of facts relief was sought for quashment of the advertisement dated 04.05.2023 before the Hon'ble Division Bench and Hon'ble Division Bench has upheld the validity of the Advertisement, therefore, the present writ petitions are not maintainable.
7. These factual matrix are not disputed by the learned counsel for the petitioners.
8. Considering the submission made by the learned counsel for the parties, since, the petitioners have already challenged the validity of the advertisement before the Hon'ble Division Bench and now the order passed by the Hon'ble Division Bench is pending consideration before the Hon'ble Supreme Court, the present writ petitions are not maintainable.
9. Accordingly, the present writ petitions are dismissed.
Sd-
(Narendra Kumar Vyas) Judge Deshmukh