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2025 DAILYLAW 22568 (CHH)

VIKAS TIWARI v. STATE OF CHHATTISGARH

WPPIL/58/2025 · 2025-06-17

Shri Bibhu Datta Guru

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:25170-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 58 of 2025 1 - Vikas Tiwari S/o Late Vivekanand Tiwari Aged About 46 Years R/o C/o Bharat Khadi Bhandar, Brahmanpara, Azad Chowk, Raipur, District- Raipur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Of Department Of School Education Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 – Director, Directorate Of Public Instructions, Department Of School Education, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - Joint Director, Education Division Raipur District- Raipur (C.G.) ... Respondents (Cause title is taken from CIS) For Petitioner : Mr. Sandeep Dubey and Mr. Manas Vajpai, Advocates. For Respondents/ State : Mr. Prafulla Bharat, Advocate General alongwith Mr. Shashank Thakur, Dy. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.06.19 10:56:55 +0530 2 Per Ramesh Sinha , Chief Justice 18.06.2025 1. Heard Mr. Sandeep Dubey and Mr. Manas Vajpai, learned counsel for the petitioner. Also heard Mr. Prafulla Bharat, learned Advocate General alongwith Mr. Shashank Thakur, Dy. Advocate General appearing for the Respondents/ State. 2. By way of this WPPIL, the petitioner has prayed for following reliefs:- “a. Issue an appropriate writ, order or direction, including a writ in the nature of Mandamus, directing the Respondent Authorities to initiate immediate and appropriate action against all unauthorized and unregistered schools operating within the State of Chhattisgarh, particularly those misusing the names of reputed private institutions, without obtaining the requisite statutory approvals; b. Direct the Respondent Authorities to conduct a detailed inquiry and inspection of such institutions and ensure that only those schools which fulfill all statutory requirements, infrastructural norms, and regulatory compliances are permitted to operate; c. Issue directions to the Respondent Authorities to widely publicize the list of recognized and registered schools in public interest to prevent confusion among parents and students; d. Direct the Respondents to initiate appropriate penal and legal action against educational societies and individuals found to be operating such unauthorized schools, including prosecution under relevant 3 provisions of law; e. Pass such other order(s) or direction(s) as this Hon'ble Court may deem just, fit, and proper in the facts and circumstances of the case, in the interest of justice.” 3. It appears that a similar PIL is pending before this Court bearing WPPIL No. 22/2016 and the present petitioner has also made a similar prayer in the present petition regarding the unfair practice adopted by the private institutions. 4. Learned State counsel would submit that the petitioner is targeting only one school namely Krishna Public School. It is stated that an FIR has been registered against the petitioner on 06/06/2024 for the offences under Sections 294 and 452 of IPC which was lodged by the management of the Krishna Public School. The complaint which was filed by him before the competent authority was against the unethical practice of the schools, adopted at the time of admission of students particularly for the 25% seats which has been allotted to the students belonging to the EWS category. By acting upon petitioner’s complaint, enquiry was made and the said school has also been fined by the authority concerned. Learned counsel further submits that the Krishna Public School is one of the party in the WPPIL relating to same subject matter pending before this Court. 5. In view of the above and the fact that one other PIL of similar nature is pending, learned counsel for the petitioner prays for 4 withdrawal of this PIL with liberty to move an appropriate application in the said WPPIL No. 22/2016. 6. Accordingly, the instant WPPIL is dismissed as withdrawn with the liberty as stated supra. The security money which has been deposited by the petitioner be refunded. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S.Bhilwar/ Jyoti