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2025 DAILYLAW 29136 (CHH)

Naveen Jaiswal v. State of Chhattisgarh

WPC/2621/2019 · 2025-02-13

Shri Rakesh Mohan Pandey

body2025

Judgment text

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2025:CGHC:7708 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2621 of 2019 1 - Naveen Jaiswal S/o Shri Ashok Kumar Jaiswal Aged About 21 Years R/o Village Purani Basti Ward No. 3, Katghora Police Station And Tahsil Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Chairman Chhattisgarh Higher Secondary Board Of Education Vivekanand Nagar, Raipur, Janta Colony Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - The District Education Officer Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh 4 - The Principal Navodaya Gyan Higher Secondary School, Katghora, Korba District Korba Chhattisgarh., District : Korba, Chhattisgarh 5 - The Principal Government Higher Secondary School, Pali, Korba District Korba Chhattisgarh., District : Korba, Chhattisgarh ---- Respondents For Petitioner : Mr. Vikas Pandey, Advocate For State : Mr. Vedant Shadangi, Panel Lawyer For respondent No.2 : Mr. Alok Bakshi, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board Digitally signed by REKHA SINGH -2- 13.02.2025 1. At the very outset, learned counsel appearing for the petitioner would submit that this petition may be disposed of reserving liberty in favour of the petitioner to make a fresh representation in the light of the judgment passed by the Hon’ble Supreme Court in the matter of Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) Vs. Central Board of Secondary Education and others, reported in 2021(7) SCC 535 and the circulars issued by the State Government before respondent No.2. 2. On the other hand, Mr. Bakshi, the learned counsel appearing for respondent No.2 would submit that a civil suit filed by the petitioner claiming similar relief has already been dismissed, therefore, no case is made out for interference. 3. Mr. Shadangi, the learned Panel Lawyer appearing for the State would support the contention made by Mr. Bakshi. 4. Heard learned counsel appearing for the parties and perused the documents placed on record. 5. Taking into consideration the submissions made by the learned counsel appearing for the parties, at this juncture, the present petition is disposed of reserving liberty in favour of the petitioner to make a representation in the light of the judgment passed in the matter of Jigya Yadav(supra) and the circular issued by the State Government. If such a representation is made, it is expected that the authority concerned shall decide the same strictly in accordance with the law. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (Rakesh Mohan Pandey) Judge Rekha