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2025 DAILYLAW 22298 (CHH)

SHIVCHARAN DONGRE v. STATE OF CHHATTISGARH

WPS/4850/2025 · 2025-07-03

Shri Bibhu Datta Guru

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Judgment text

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1 2025:CGHC:30490-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4850 of 2025 1 - Shivcharan Dongre S/o Chamarasing Dongre Aged About 46 Years Presently Posted As Lecturer At Govt. H. S. School Panabaras Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) 2 - Pramod Khanna S/o Late Shri Heernand Aged About 57 Years Presently Posted As Lecturer At Govt. H. S. School Mohla Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) 3 - Naval Das Sahu S/o Shreegokul Ram Sahu Aged About 58 Years Presently Posted As Lecturer At Govt. H. S. School Sivni Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) 4 - Pawan Kumar Sahu S/o Shree Kartikram Sahu Aged About 60 Years Presently Posted As Lecturer At Govt. H. S. School Mahud Machandur Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) 5 - Komal Kumar Meshram S/o Shree Brijlal Meshram Aged About 61 Years Presently Posted As Lecturer At Govt. Girls H. S. School Mohla SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.07.04 22:36:34 +0530 2 Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) 6 - Dhana Ram Sav S/o Arjun Singh Sav Aged About 60 Years Presently Posted As Lecturer At Govt. H. S. School Panabaras Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) 7 - Parmeshwar Das Sahu S/o Bishal Ram Sahu Aged About 58 Years Presently Posted As Lecturer At Govt. H. S. School Regakathera Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) 8 - Mohan Lal Chandrakar S/o Shri Abu Lal Chandrakar Aged About 61 Years Presently Posted As Lecturer At Govt. H. S. School Durgatoal Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) 9 - Pramod Parkh S/o Kanvarlal Parkh Aged About 61 Years Presently Posted As Lecturer At Govt. H. S. School Sonsaytola Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) 10 - Abdul Jamil Kureshi S/o Abdul Rasid Kureshi Aged About 61 Years Presently Posted As Lecturer At Govt. H. S. School Vicharpur Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) 11 - Kalaram Sinha S/o Dular Singh Sinha Aged About 61 Years Presently Posted As Lecturer At Govt. H. S. School Tumartola Vikas Khand Manpur District - Mohla Manpur Ambagarh Chowki (C.G.) ... Petitioner(s) 3 versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya Mahanadi Bhawan Atal Nagar Naya Raipur District - Raipur (C.G.) 2 - Union Of India Director Of Public Instrucation First Flore C- Block Indrawati Bhawan Atal Nagar, Naya Raipur District - Raipur (C.G.) 3 - District Education Officer District Mohla Manpur Ambagarh Chowki (C.G.) 4 - National Council For Teacher Education (Ncte) , Through The Secretary / Chairman, Education (N.C.T.E. ) , G-7 Sector - 10 Dwarka Landmark Near Metro Station New Delhi – 110075 5 - The Director Directorate Of Public Instruction Indrawati Bhawan Naya Raipur (C.G.) 6 - State Council Of Education And Training (Scert) Shankar Nagar Raipur District - Raipur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) :Shri Niraj Baghel, Advocate. For Respondent(s)/State :Shri Yashwant Singh Thakur, Additional Advocate General 4 For Union of India :Ms. Shweta Rai, Cental Govt. Counsel appears on behalf of Shri Ramakant Mishra, Dy. Solicitor General of India Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 04.07.2025 1. Heard Shri Niraj Baghel, learned counsel appearing for the petitioner. Also heard Shri Yashwant Singh Thakur, Additional Advocate General for the respondent(s)/State and Ms. Shweta Rai, CGC appears on behalf of Shri Ramakant Mishra, DGSI. 2. The present petition has been filed with the following prayer:- “1. This Hon’ble Court may kindly be pleased to issue appropriate writ and declare column 3 of serial No. 9 of the schedule-IV enacted under the rules 14 and 15 of the Chhattisgarh School Education Service (Educational and Administrative cadre) Recruitment and Promotion Rules 2019 as ultra vires and constitutional or in alternate to declare that B.Ed. Is necessary qualifications for 65% posted of Principal to be filled up through promotion from the post of Lecturer. 2. This Hon’ble Court may kindly be pleased to issue appropriate writ and direct the respondents to exclude the Name of Candidates who have not completed B.Ed. Traning from promotion to the post of Principal. 3. This Hon’ble Court may further be pleased to quash the promotion order dated 30.04.2025. 5 4. This Hon’ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case.” 3. Learned counsel for the parties submit that the issue in question has already been decided by the Co-ordinate Bench of this Court in WPS No. 5217/2019 dated 01.07.2025 as well as by this Court in WPS No. 7624/2024 dated 26.11.2024. 4. In view of the same, the present petition is dismissed as the similar situated petitions have already been dismissed by this Court. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Amardeep/Shoaib