Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:46170-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3744 of 2023 Bhikham Patel S/o Gokul Patel, Aged About 38 Years Working As Assistant Teacher And Posted At Govt. Primary School Muteda, Block Khairagar District Khairagarh Chuikhadan Gandai Chhattisgarh.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur District Raipur Chhattisgarh. 2 - Joint Director, Education Division Durg, District Durg, Chhattisgarh.
... Respondent(s) For Petitioner(s) : Mr. Ajay Shrivastava, Advocate. For Respondent(s) : Mr. Y.S.Thakur, Additional Advocate General. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge
Order on Board Per
Ramesh Sinha, Chief Justice
10/09/2025
1. Heard Mr. Ajay Shrivastava, learned counsel for the petitioner as well as Mr. Y.S.Thakur, learned Additional Advocate General for the State/ respondents.
2. By this petition under Article 226 of the Constitution of India, the petitioner seeks for the following relief(s):
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“(i) That, this Hon’ble Court may kindly be pleased to held ultra-virus Annexure 1 entry 5 of Rules 2019 (Annexure P-1) by which Master degree in Sanskrit has also been allowed for promotion on the post of Teacher Sanskrit, in the interest of justice. (ii) That, this Hon’ble Court may kindly be pleased to quash set up Anexure P-2 by which post of Hindi and Sanskrit has been clubbed together and total number post has been shown as 231 and direction may be issued to bifurcate the post of Hindi and Sanskrit Teacher and consider them for promotion separately in the interest of justice. (iii) That, this Hon’ble Court may kindly be pleased to direct the respondent to grant preference to the candidate having graduation in the Sanskrit subject for promotion in the post of Teacher Sanskrit, in the interest of justice. (iv) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”
3. At the outset, Mr. Shrivastava, learned counsel for the petitioner submits that the facts and issue involved in the present case is identical to that of WP(S) No. 2116/2022 and other connected matters, which have already been considered and decided by a co-ordinate Bench of this High Court vide order dated 11.09.2024 and as such, this petition may also be
disposed of in terms of the order dated 11.09.2024.
4. Mr. Thakur, learned Additional Advocate General appearing for the State/respondent does not controvert the above submission and submits that this petition may also be disposed of in terms of the order dated 11.09.2024 passed in WP(S) No. 2116/2022 and connected matters.
5. In view of the submission made by learned counsel appearing for the parties, this petition also stands disposed of in terms of the order dated 11.09.2024 passed in WP(S) No. 2116/2022 and connected matters
3 holding that no case for questioning the constitutional validity is made out and the petitioner has failed to establish that a case for constitutional validity is made out. Accordingly, no case for quashing part of Rule 15 of the Notification dated 05.03.2019 is made out. However, as the petitioner is claiming promotion on the post of Teacher, he is at liberty to avail the remedy available to him under the law. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) JUDGE CHIEF JUSTICE Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.09.10 19:57:03 +0530