Chattisgarh High Court
Chishti Ajmeri Mahila Swayam Sahayata ... vs State Of Chhattisgarh on 27 February, 2026
1
2026:CGHC:10294
Digitally
signed by
RUKHSAR
RUKHSAR BANO
BANO Date:
2026.02.28
NAFR
15:47:56
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 891 of 2026
1 - Chishti Ajmeri Mahila Swayam Sahayata Samuh Through Its President Zainab
Salina W/o Rimajol Haq, Aged 24 Years, R/o Village - Junapara, Teh - Baikunthpur,
Distt - Koriya, Chhattisgarh.
... Petitioner
versus
1 - State Of Chhattisgarh Through Secretary, School Education Department,
Mahanadi Bhawan Nava Raipur, Distt - Raipur, Chhattisgarh.
2 - Collector Koriya Baikunthpur, Distt - Koriya, Chhattisgarh.
3 - Sub-Divisional Officer (Revenue) Baikunthpur, Distt - Koriya, Chhattisgarh.
4 - Block Education Officer Baikunthpur, Distt - Koriya, Chhattisgarh.
5 - District Education Officer Baikunthpur, Distt - Koriya, Chhattisgarh.
6 - Principal Swami Atmanand Utkrisht English/hindi Medium Higher Secondary
School, Patna Distt- Koriya, Chhattisgarh.
7 - Adarsh Hind Mahila Swayam Sahayta Samuh Through Its President, Patna Distt-
Koriya, Chhattisgarh.
... Respondents
(Cause title, as taken from CIS system) For Petitioner : Ms. Chetna Sharma, Advocate For State : Mr. Sabyasachi Choubey, Govt. Adv.
(Hon'ble Shri Justice Naresh Kumar Chandravanshi) 2 Order on Board 27/02/2026
1. Heard.
2. This petition has been preferred by petitioner under Article 226 of the Constitution of India seeking following reliefs:-
"10.1 The Hon'ble Court may be kind and gracious enough to call for the records of the case from the respondents.
10.2 The Hon'ble Court may be kind be pleased to set aside the impugned orders dated 11.02.2026 (Annexure P/1) and 16.02.2026 (Annexure P/2) as it is passed by incompetent authority, by issuance of an appropriate writ or any other writ/writs, order/orders or direction/directions.
10.3 The Hon'ble Court may be kind be pleased to pass an appropriate direction to the respondent authority to take action expeditiously resolving the grievance of the petitioner as per law by issuance of an appropriate writ or any other writ/writs, order/orders or direction/directions.
4. Any other relief/reliefs which Hon'ble Court may deem fit in the facts and circumstances of the instant case."
3. Learned counsel for the petitioner submits that the petitioner was permitted to operate Mid-Day Meal Program in Swami Atmanand Utkrisht English/Hindi Medium Higher Secondary School, Patna, District Koriya (CG), and was operating the same. However, without any valid reason and solely on the basis of a resolution passed by the School Management and Development Committee, Patna, the petitioner has been declined to operate Mid-day Meal Program in the aforesaid school, that too, vide order dated 11.02.2026 (Annexure -P/1) issued by respondent No.4, the Block Education Officer, Baikunthpur, District Koriya, whereas he is not the competent authority to issue such 3 order. Hence, learned counsel submits that the present writ petition may be admitted for hearing.
4. Per contra, learned State counsel submits that respondent No.4/Block Education Officer issued the impugned order (Annexure -P/1) on the basis of a proposal made by the School Management and Development Committee, Patna, which has been approved by the Sub- Divisional Officer (Revenue), Baikunthpur, therefore, it cannot be said that the order has not been passed with the approval of the SDO (Revenue), as prior approval had already been granted by him. Despite that, if the petitioner has any grievance, it may file a representation before the concerned Collector within a period of 45 days from the order of the SDO (Revenue). The petitioner has already moved an application (Annexure -P/5) before the Collector, Baikunthpur, District Koriya, within aforesaid period, therefore, the present petition is not maintainable, as the petitioner has already invoked the alternative remedy available under the guidelines issued by the School Education Department, Government of Chhattisgarh.
5. Heard learned counsel for the parties and perused the documents annexed to the writ petition.
6. Perusal of documents shows that the petitioner has already filed an application dated 18.02.2026 (Annexure -P/5) before the Collector, Baikunthpur, District Koriya for redressal of its grievance under the circular (Annexure -P/6). Since, the petitioner has already invoked the appropriate provision/circular for redressal of its grievance, this Court is not inclined to entertain the present writ petition, hence, the same is disposed of. However, the Collector, Baikunthpur, District Koriya, is directed to pass a reasoned order on the application dated 18.02.2026 4 (Annexure -P/5) filed by petitioner within a period of 30 days from the date of receipt/submission of a copy of this order.
7. Accordingly, the writ petition stands disposed of.
8. Pending interlocutory application(s), if any, also stands disposed of. No order as to cost(s).
Sd/-
(Naresh Kumar Chandravanshi) Judge Rukhsar