Chattisgarh High Court
Jwala Prasad Kaushik & Ors vs State Of Chhattisgarh & Ors on 10 December, 2015
Author: Navin Sinha
Bench: Navin Sinha, P. Sam Koshy
-1-
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WRIT APPEAL NO. 270 OF 2014
1. Jwala Prasad Kaushik S/o Shri Surajman, aged about 26 years, R/o
Village Khamaria, Post Kathakoni, P.S. Takhatpur, Distt. Mungeli (C.G.)
2. Ravish Upadhyay S/o Shiv Govind Upadhyay, aged about 39 years,
R/o Kali Mai Ward, Post & PS Mungeli, Distt Mungeli (C.G.)
3. Vipin Kumar Tiwari S/o Mahesh Prasad Tiwari, aged about 27 years,
R/o Village Majgaon, Ward No. 12, Post Saradha, PS Lormi, Distt. Mungeli,
(C.G.)
4. Laxmikant Sahu S/o Shatrughan Sahu, aged about 25 years, R/o near
Veterinary Hospital, Ward No. 08, Lormi, Post & PS Lormi, Distt. Mungeli
(C.G.)
5. Basant Kumar Sahu S/o Asharam, aged about 35 years, R/o Village
Barchha, Post Lauda, PS Lormi, Distt. Mungeli (C.G.)
... Appellants
Versus
1. State of Chhattisgarh, through the Secretary, Department of School
Education, Mahanadi Bhawan, Mantralaya, Post & PS Mandir Hasaud,
District Raipur (C.G.)
2. Managing Director, Chhattisgarh State Model School Organization,
Chhattisgarh, Second Floor, Unified Education Building, Pensionbada, Post &
PS Civil Lines, Raipur, Distt. Raipur (C.G.)
3. Collector and District Mission Director, Chhattisgarh State Model
School Organization, Distt. Mungeli, Collectorate, Post & PS Mungeli, Distt.
Mungeli (C.G.)
4. District Education Officer cum District Project Officer, State Middle
Education Mission, Post & PS & Distt. Mungeli (C.G.)
5. Sanjay Pandey S/o J.P. Pandey, aged about 28 years, R/o Near Ram
Janki Mandir, Post & PS Takhatpur, Distt. Mungeli (C.G.)
6. Dharmendra Puri Goswami S/o Prem Puri Goswami, aged about 32
years, R/o Deorhat, Post & PS Lormi, Distt. Mungeli (C.G.)
7. Pragati Tripathi D/o Akhilesh Tripathi, aged about 34 years, R/o Ward
No. 3, Bramhin Para, Post & PS Lormi, Distt. Mungeli (C.G.)
8. Preeti Sharma D/o Radhesyam Sharma, aged about 26 years, R/o
Ward No. 13, Kundarapara, Post & PS Lormi, Distt. Mungeli (C.G.)
9. Maya Sahu D/o Ramawtar Sahu, aged about 32 years, R/o Near
Gayatri Dairy, in front of Vishnu Printing Press, Post & PS Takhatpur, Distt.
Mungeli (C.G.)
10. Anish Kumar Sharma S/o Lt. Bhagirathi Sharma, aged about 27 years,
R/o Village & Post Kathakoni, PS Takhatpur, Distt. Mungeli (C.G.)
-2-
11. Yamini Mishra W/o Pawan Mishra, aged about 30 years, R/o
Vivekanand Ward Post & PS Mungeli, Distt. Mungeli (C.G.)
12. Dinesh Sonwani S/o Gaukaran Sonwani, aged about 32 years, R/o
Parsakapa, PO Kanteli, PS & Tah. Lormi, Distt. Mungeli (C.G.)
13. Narottam Kumar Nirmalkar S/o Mukut Ram Nirmalkar, aged about 36
years, R/o Pendri-Jareli, Post Jareli, PS Pathariya, Distt. Mungeli (C.G.)
14. Ashish Kaushik S/o Bhola Ram Kaushik, aged about 27 years, R/o
Village Pendri, Post Rajpur, PS Takhatpur, Distt. Mungeli (C.G.)
15. Seema Tiwari W/o Satyanarayan Tiwari, aged about 30 years, R/o
Ganganagar, Sector 2, Post & PS Mangala, Distt. Bilaspur (C.G.)
... Respondents
For Appellant : Mr. Jitendra Pali and Mr. Vikas Dubey,
Advocates.
For Respondent-State : Mr. Prafull Bharat, Additional Advocate
General and Mr. UNS Deo, Government
Advocate.
Hon'ble Shri Navin Sinha, Chief Justice
Hon'ble Shri Justice P. Sam Koshy
Judgment on Board
Per NAVIN SINHA, C.J.
09/12/2015
1. Shri Subrat Sahu, Secretary, Department of School Education, is present at our request and has addressed us.
2. Shri Sahu submits that earlier the schools in question were partially funded by the Central Government which has suddenly been withdrawn and entire financial burden is now on the State. The State is conscious of the need to do away with adhocism in the appointments of teachers and necessary steps are being taken with regard to the same, which are expected to be in place before the end of the present academic session.
3. Our primary concern was that an adhoc teacher would be more interested in protection of his precarious tenure rather than in teaching by being present more in the court room instead of the class room. -3-
4. In that view of the matter, we do not propose to keep this appeal pending as we find no reason to interfere with the order under appeal in view of the nature of the appointment which was willingly accepted and the tenure has run its course.
5. The appeal is disposed in terms of the statement by the Secretary, Department of School Education.
Sd/- Sd/-
(Navin Sinha) (P. Sam Koshy)
/sharad/ Chief Justice Judge