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2025 DAILYLAW 28785 (CHH)

IN THE MATTER OF SUO MOTO PUBLIC INTEREST LITIGATION v. STATE OF CHHATTISGARH

WPPIL/69/2023 · 2025-06-10

Shri Bibhu Datta Guru

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:23015-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 69 of 2023 1 - In The Matter Of Suo Moto Public Interest Litigation Regarding News Item, Namely, Sarkari School Ka Haal, Tifra Ke Middle School Me Ghatna Ke Baad Vyavastha Par Uth Rahe Sawal. Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Home Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh 2 - Secretary, School Education Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh. 3 - Secretary, Public Works Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur Chhattisgarh. 4 - Director, Directorate, School Education Department, Indravati Bhawan, Atal Nagar, Nawa Raipur, Chhattisgarh 5 - Collector Bilaspur, District Bilaspur Chhattisgarh 6 - Superintendent Of Police, District Bilaspur Chhattisgarh 7 - District Education Officer, District Bilaspur Chhattisgarh 8 - Block Education Officer, Block Bilaspur, District Bilaspur Chhattisgarh Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : This is an office reference. For Respondent(s) : Mr. Shashank Thakur, Dy. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.06.12 10:14:37 +0530 2 Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha, Chief Justice 11/06/2025 1. This is an office reference. 2. In compliance of this Court’s order dated 29/04/2025, an affidavit of Secretary, Govt. of Chhattisgarh, Department of School Education has been filed. Relevant part of affidavit from paragraph 2 onwards is reproduced hereunder:- “2. That, vide order dated 29/04/2025 the Hon'ble Court was pleased to direct the Secretary, School Education Department to file personal affidavit after taking cognizance of a newspaper clipping dated 27/04/2025 of Bilaspur Bhoomi of "Haribhoomi". The said news item highlighted the issue of non availability of teaching staff highlighted the issue of non availability of teaching staff in schools all over the State of Chhattisgarh, either in sufficient number or as per requirement. 3. The deponent respectfully submits that the State of Chhattisgarh, Department of School Education has framed the Policy of Rationalization popularly known as "Yuktiyuktkaran" whereby the schools either having no teachers or in sufficient number of teachers, are provided with the teachers by transferring the teachers in excess number in other schools to the schools where there are either no teachers or in sufficient teachers. A copy of the Policy of Rationalization is filed herewith as Annexure A/1 for kind perusal of this Hon'ble Court. 4. It is respectfully submitted that the Policy of Rationalization is being implemented in the current academic session and all the Districts have already executed the said Policy of Rationalization. The teachers who were excess in number in a particular school have been transferred to the schools where there are either no teachers or in sufficient teachers. To demonstrate this fact, a copy of the transfer of teachers under the Policy of Rationalization 3 executed in Bilaspur District dated 04/06/2025 is filed herewith as Annexure A/2 for kind perusal of the Hon'ble Court. 5. It is respectfully submitted that the Department of School Education has already initiated implementation of the Policy of Rationalization in all districts of Chhattisgarh and the same is expected to be completed in the current academic session. With the implementation of the Policy of Rationalization, the availability of teachers in sufficient number would be ensured so that a proper pupil teacher ratio is maintained in the schools” 3. On perusal of the above affidavit, it is quite vivid that the State of Chhattisgarh, Department of School Education has framed the Policy of Rationalization and according to the said policy, the capacity of the teachers is being taken care of. Further, the affidavit states that the Department of School Education has already initiated implementation of the Policy of Rationalization in all districts of Chhattisgarh and the same is expected to be completed in the current academic session. 4. In view of the above affidavit filed by the State, this Court deems it appropriate to dispose of this Writ Petition (PIL). However, it is made clear that this Court has not expressed any opinion on merit of the Policy or with regard to approval of the said Policy of Rationalization. 5. Accordingly, the Writ Petition (PIL) is disposed of. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Rahul/ Gowri