1 2025:CGHC:20905-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 50 of 2025 1 - Pushpa Nishad D/o Shri Roop Chand Nishad Aged About 18 Years R/o Village Limtara, P.O.- Vishrampur, P.S.- Simga, District Balodabazar, Chhattisgarh. 2 - Kundan Kurre S/o Shri Trilok Kurre Aged About 18 Years R/o Village Sanjarinawagaon, P.S.- Simga, Tahsil Simga, District Balodabazar, Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh, through the Secretary Higher Education Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2 - Commissioner Higher Education Directorate, 3rd Block, 3rd Floor, Indiravati Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 3 - Under Secretary Higher Education Department, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 4 - Joint Director (J) Higher Education Directorate Indiravati Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 5 - The Collector Bemetara District Bemetara, Chhattisgarh. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 6 - Government College Nandghat, through the Principal Block- Nawagarh, District Bemetara, Chhattisgarh. ... Respondent(s) For Petitioners : Mr. Prateek Sharma, Advocate For Respondents/State : Mr. S. S. Baghel, Dy. Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma , Judge Order on Board Per Ramesh Sinha , Chief Justice 0 7 . 05 .202 5 1. Heard Mr. Prateek Sharma, learned counsel for the petitioners as well as Mr. S.S. Baghel, learned Deputy Government Advocate, appearing for the State/respondents. 2. The present writ petition styled as Public Interest Litigation has been filed by the petitioners seeking following reliefs : “10.1. That, this Hon'ble Court may kindly be pleased to call for the entire records of the instant case. 10.2 That, this Hon'ble Court may kindly be pleased to set aside the impugned orders dated 18.03.2025 passed by respondent State and order dated 19.03.2025 issued by respondent no. 3 (ANNEXURE P/1) and further be pleased to direct the respondents to establish the college and construct the college building at Village Adar Nandghat District Bemetara Chhattisgarh, in the interest of justice. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case.” 3 3. Learned counsel for the petitioners submitted that by impugned orders dated 18.03.2025 passed by respondent State in notesheet and order dated 19.03.2025 issued by respondent No.3 are unreasonable, unwarranted, unauthorized, discriminatory, mischievous and arbitrary, therefore hit by the postulates of Article 14 of the Constitution of India. He further submitted that the petitioners are students of B.A. 1st year of respondent college which is running at Village Adar Nandghat. Petitioner No. 2 is resident of Village Limtara which is 1.5 kms from Village Adar Nandghat Petitioner No. 1 is resident of Village Sanjarinawagaon which is 1.5 kms from Village Adar Nandghat and the petitioners have also been authorized by all other students and parents to file this instant Public Interest Litigation before this Hon'ble Court. He also submitted that initially, in view of the necessity to provide higher education to the students of area, the centre place from all Higher Secondary Schools was selected and the Government College was opened at Village Adar Nandghat, District Bemetara. The opening of college was appreciated and applauded by everyone without any demur or protest and the college was running peacefully. Thereafter, in view of increasing number of students and to provide educational facilities of Higher education, the then public representatives and administration made efforts and sent proposal after earmarking the land at Village Adar Nandghat for establishment and construction of government college at Village Adar Nandghat. The respondent State also positively acted upon the proposal and after all scrutiny and 4 verification and following prescribed process, granted administrative and financial approval and sanction for establishment and construction of college building at Village Adar Nandghat and also allotted land by order dated 08.08.2024 passed by Collector. 4. Mr. Sharma contended that with the change of political scenario in the State of Chhattisgarh, all of a sudden, Minister, Food, Civil Supplies and Consumer Protection Department wrote a memo to the respondent authorities for changing place of college at village Amora. Accordingly, new proposal for change of place of college was sent to the respondent State for establishment of college at Village Amora. However, the respondent State authorities submitted a report thereby mentioning that change of place of college is not proper as the distance from present college will increase to about 17 kms. However, bent upon to change the place of college building and to shift the same from Village Adar Nandghat for no good reason, again memo was sent by said Minister for establishment and construction of college building at Village Kura and shockingly and surprisingly despite all notice, hue and cry, ignoring the difficulties of students, the college building is shifted from Nandghat to Kura by order dated 18.03.2025 by respondent State in notesheet, which is increasing the distance required to be travelled by students without proper facility of transportation and without proper connectivity in remote village Kura. He further contended that huge protests by the students, 5 parents and public representatives have been made and published in newspaper also, but to no avail. On the contrary, the process is accelerated and respondents can start the construction of building at any time and if students will find themselves unable to approach the Government College, Kura then the entire money of public exchequer will be wasted without there being any responsibility upon any authority. 5. On the other hand, learned State Counsel opposed the aforesaid submission and submitted that there is no material placed on record to show that petitioners are major that too no authorization letter to file this petition has been placed on record by the petitioners. He further submitted that initially, though the Government College was opened at Village Adar Nandghat and is running in a rented premises and thereafter, in view of increasing number of students and to provide educational facilities of Higher education, land was allotted, administrative, financial approval and sanction for establishment and construction of college building at village Adar Nandghat were also approved, but considering the fact that the allotted land is very near from National Highway and therefore, it was shifted to village Amora. Later on, on the proposal of sitting Minister and further considering the fact that distance from village Nandghat to village Adar is 3 km and distance from village Adar to village Kura is 7 km, there is 01 school in village Kura, where 109 students are studying in 12th and no college is running and distance from Adar to Amora is 17 6 km, where higher secondary school (12th class) is not running, and further considering the fact there are 05 colleges are already running near the Nandghat, therefore, construction of new college building is shifted to village Kura. 6. We have heard learned counsel for the parties and perused materials available on record. 7. From perusal of the materials available on record, it transpires that initially the Government College was opened at Village Adar Nandghat and is running in a rented premises and thereafter, in view of increasing number of students and to provide educational facilities of Higher education, though land was allotted by the Collector, administrative, financial approval and sanction for establishment and construction of college building at village Adar Nandghat were also approved, but, it was shifted to village Amora. Later on, on the proposal of sitting Minister and further considering the fact that distance from village Nandghat to village Adar is 3 km and distance from village Adar to village Kura is 7 km, there is 01 school in village Kura, where 109 students are studying in 12th and no college is running and distance from Adar to Amora is 17 km, where higher secondary school (12th class) is not running, and further considering the fact there are 05 colleges are already running near the Nandghat, therefore, construction of new college building is shifted to village Kura. The petitioners have also not stated as to whether they had approached the respondent/State raising their grievance and have directly approached this Court. 7 The issue with regard to construction of a college building is within the domain of the State and its instrumentalities and it is not for this Court to assess as to whether which place would be suitable for the public at large. When the representatives of the people himself has written for change of the place, it would mean that it is the wish of the people that the college should be constructed at village Kura. 8. Considering the aforesaid facts and circumstances of the case, we do not find any good ground for interference in this Public Interest Litigation, accordingly, the same is rejected. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Chandra