KHAMHARIYA ADIVASI VIKAS PRASIKSHAN SANSTHAN KHAMHARIYA v. STATE OF CHHATTISGARH
WPC/2928/2025 · 2025-06-24
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27034 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27034 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27581
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2928 of 2025 1 - Khamhariya Adivasi Vikas Prasikshan Sansthan Khamhariya Through Its President Ishlam Mohammad Kuraishi, S/o. Valichand Kuraishi, Aged About 59 Years, Office At Khamhariya, Tehsil - Masturi, District - Bilaspur (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Education, Mantralaya, Raipur,
District
-
Raipur
(C.G.) 2
- District
-
Education
Officer
District
-
Korba
(C.G.) 3 - Secretary Chhattisgarh Sanskrit Vidyamandalam, Raipur, District - Raipur (C.G.)
... Respondent(s) For Petitioner(s) : Mr. Syed Mohd. Sohail Afzal, Advocate For Respondent(s) : Ms. Nupur Trivedi, Panel Lawyer
Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 25/06/2025
1. With the consent of the parties, the present petition is heard finally. 2. The present petition is filed by the petitioner praying for the following relief(s):
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“10.1 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to grant recognition to the petitioner’s four schools, namely Balaji Sanskrit Vidyalaya, Bageshwar Sanskrit Vidyalaya, Gayatri Sanskrit Vidyalaya and Pragya Sanskrit Vidyalaya for the academic year 2025-26, in accordance with the conditions of the recognition previously granted for the academic year 2024-25. 10.2 That, this Hon’ble Court may kindly be pleased to Direct the respondents to decide the petitioner’s application for recognition within a time-bound period, preferably before the reopening of schools on 16.06.2025. 10.3 That, this Hon’ble Court may kindly be pleased to grant any other relief(s) deemed fit and proper in the facts and circumstances of the case.”
3. Brief facts of the case is that the petitioner is a non-governmental organization who operates four Sanskrit schools providing free education to students in backward and elephant affected areas of Podi Uproda, District Korba, C.G. These schools, namely Balaji Sanskrit Vidyalaya, Bageshwar Sanskrit Vidyalaya, Gayatri Sanskrit Vidyalaya and Pragya Sanskrit Vidyalaya were established in response to public representations due to the absence of educational facilities in these areas. The schools
3 received recognition from the State for the academic year 2024-25 after fulfilling all necessary conditions, as evidenced by inspections and approvals. However, for the academic year 2025-26, the respondents have failed to respond to the petitioner’s application for renewal of recognition, despite repeated follow-ups and assurances from the District Education Officer, Korba. 4.
Learned counsel for the petitioner submits that the respondents’ failure to grant recognition for the academic year 2025-26 violates the fundamental right to education under Article 21 A of the Constitution of India, as it deprives student in backward and elephant-affected areas of access to free education. 5. Learned State Counsel submits that the inspection of the school has been done by the Block Education Officer and within 15 days the procedure of recognition will be completed. 6. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 7. Looking to the entire facts and circumstances of the case and considering the submissions of the State counsel, the respondent no. 2 is directed to complete the procedure of recognition as per law/ rules/ regulation within 15 days from the date of receipt of copy of this order. 8. With the aforesaid direction, the present writ petition stands disposed of. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima