Chattisgarh High Court
Preeti Thakur Earlier Preeti Sharma vs State Of Chhattisgarh on 21 October, 2022
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.(S) No. 5651 of 2022
Preeti Thakur Earlier Preeti Sharma W/o Randhir Kumar Thakur Aged
About 33 Years R/o Ward No. 15, Patpar Dafai, North Jhagrakhand,
Jhagrakhand (np), Jhagrakhand Colly, Manendragarh, District : Koriya
Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Secretary, School Education
Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal
Nagar, District : Raipur, Chhattisgarh
2. Director Public Instrctions, Indrawati Bhawan, Nava Raipur, Atal
Nagar, District : Raipur, Chhattisgarh
3. Collector Baikunthpur, District : Koriya (Baikunthpur),
Chhattisgarh
4. District Education Officer Baikunthpur, District : Koriya
(Baikunthpur), Chhattisgarh
---- Respondent
For Petitioner : Mr. C.J.K. Rao, Advocate For Respondents/State : Mr. Sandeep Dubey, Dy.A.G. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 21/10/2022
1. Learned counsel for petitioner submits that in the present petition, the petitioner has sought limited relief that the claim of petitioner be considered for appointment as Guest Teacher, Commerce subject.
2. Learned counsel for petitioner submits that petitioner was initially appointed as Guest Teacher under Vidya Mitan scheme for the academic session 2018-19 and thereafter, he was discontinued. He submits that even as on date, the post of Guest Teacher (Commerce) are lying vacant as per his instructions. He contended that as per the memo dated 24.06.2019, State 2 Government issued guidelines for appointment of Guest Teachers in which it is mentioned that persons, who have worked earlier shall be given preference. He also submits that some of similarly situated petitioners have approached this Court by filing writ petition bearing W.P.(S) No. 1728 of 2022 and this Court considering the guidelines issued by State Government for appointment of Guest Teachers, directed the respondent No.2 to 4 therein to consider the claim of petitioners for their appointment as Guest Teachers. He submits that petitioner at present is praying similar relief.
3. Learned State counsel is not disputing the submission made by learned counsel for petitioner. He further submits that pursuant to the circular issued by State Government dated 24.06.2019, petitioner has not submitted the application/representation before the competent authority for considering his claim for engagement as Guest Teacher (Vidya Mitan), however, he submits that if petitioner will submit representation before the competent authority, it will be considered in accordance with law subject to petitioner's fulfillment of all eligibility criteria.
4. I have heard learned counsel for parties and perused the documents placed on record.
5. Considered the submissions made by learned counsel for petitioner that petitioner was engaged in Guest Teacher in 2018-
19. Clause 4.1 of memo dated 24.06.2019 provides to give preference for appointment of Guest Teachers to the persons who have already worked earlier as Guest Teacher. Clause 4.1 and 4.2 are extracted for ready reference :-
**4-1 loZizFke fo|kferku }kjk iwoZ esa lsok;sa nh xbZ gks] rks mUgh fo|kferkuksa dh lsok;sa vfrfFk f'k{kd ds #i esa yh tk,¡A 4-2 rRi'pkr~ vfrfFk f'k{kd p;u gsrq izkFkfedrk loZizFke jktLo ftyk ds vkosndkas dks nh tk,xh] ftys esa mEehn~okj miyC/k u gksus ij nwljh izkFkfedrk jktLo 3 laHkkx dks nh tk, ,oa var esa laHkkx Lrj esa mEehn~okj u feyus ij vfrfFk f'k{kd dh O;oLFkk dk {ks= jkT; Lrj gksxkA**
6. The State Government have further issued direction that if, in the schools where Guest Teacher have worked earlier is not vacant they be appointed in any other school where the posts are lying vacant vide order dated 02.08.2019. Clause 1 of the letter dated 02.08.2019 is extracted below for ready reference:-
**1-@ loZizFke tks fo|kferku iwoZ esa ftl 'kkyk esa l= 2018&19 esa dk;Zjr Fks] mudh lsok;s mlh 'kkyk esa in fjDr gksus ij yh k,A mlh 'kkyk esa in fjDr u gksus dh fLFkfr esa ftys dh ftl 'kkyk esa in fjDr gS] ogk¡ mUgsa izkFkfedrk nh tk,A**
7. Grievance raised by the similarly situated petitioners in WPS No.1728 of 2022 co-ordinate Bench of this Court has passed following order :-
"Para 6-Given the aforesaid factual matrix of the case, this Court is of the opinion that ends of justice would meet if the present writ petition is disposed of with a direction to respondents no. 2 & 4 to consider and decide the claim of the petitioner in terms of the order dated 2.8.2019 passed by the School Education Department, at the earliest, preferably within a period of 2 months from the date of receipt of copy of this order."
8. In view of above facts and circumstance of the case, submissions made by the counsel for the respective parties, in the opinion of this Court, ends of justice would be served if the present writ petition is disposed of directing the respondents No. 2 to 4 to decide the claim of the petitioner in terms of the letter dated 24.06.2019 and 02.08.2019 within a period of four weeks from the date of receipt of copy of the order passed by this Court.
4The petitioner will be at liberty to submit a fresh representation along with the copy of order passed by this Court.
9. With the aforementioned observation(s) and direction(s), the writ petition stands disposed of.
Sd/-
(Parth Prateem Sahu) Judge Balram