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2025 DAILYLAW 30793 (CHH)

UMASHANKAR KUSHWAHA v. STATE OF CHHATTISGARH

WPC/3266/2025 · 2025-06-26

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:28391 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3266 of 2025 1 - Umashankar Kushwaha S/o Late Narayan Kushwaha Aged About 55 Years R/o Village Karjee P.S. And Tahsil Darima District- Surguja (C.G.) 2 - Paras Nath Rajwade S/o Late Ramdhari Ram Rajwade Aged About 59 Years R/o Village Katkalo P.S. And Tahsil Darima District - Surguja (C.G.) 3 - Awadhesh Prajapati S/o Rambaran Prajapati Aged About 56 Years R/o Village Karjee P.S. And Tahsil Darima District- Surguja (C.G.) 4 - Parmendra Kumar Sarjal S/o Vijay Ram Aged About 45 Years R/o Village Karjee P.S. And Tahsil Darima District- Surguja (C.G.) 5 - Kushal Agrawal S/o Purushotam Agrawal Aged About 42 Years R/o Village Karjee P.S. And Tahsil Darima District- Surguja (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan Atal Nagar Nava Raipur District - Raipur (C.G.) 2 - Collector Surguja (Ambikapur/ Chairman Of District Level Rationalization Committee District - Surguja (C.G.) 3 - Sub Divisional Officer (Revenue) Ambikapur/ Chairman Of Block Level Rationalization Committee District - Surguja (C.G.) 4 - District Education Office (Ambikapur/ Secretary Of District Level Rationalization Committee District - Surguja (C.G.) 5 - Block Education Officer (Ambikapur/ Secretary Of Block Level 2 Rationalization Committee Block Ambikapur District - Surguja (C.G.) 6 - The Principal Govt. Boys Higher Secondary School Karjee Block Ambikapur District - Surguja (C.G.) ---- Respondents For Petitioners : Mr. A.N. Pandey, Advocate For State : Mr. Swajeet Ubeja, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 27/06/2025 Heard. 1. The present writ petition has been filed by the petitioners with the following relief(s) : “10.1. That, the Hon’ble Court may kindly be pleased to set aside of the impugned order dated 27.05.2025 issued by the respondent No.1 in respect of rationalized of the Government Girls Higher Secondary School, Karjee, Block Ambikapur, District Surguja (C.G.) ANNEXURE P/1. 10.2 That, this Hon'ble Court may kindly be pleased to set aside of the entire rationalization process in respect of rationalized of the Govt. Girls Higher Secondary School- Karjee, Block Ambikapur Distt-Surguja (C.G) and merged in the respondent no.6 school. 3 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider and decided the representation field by the petitioners dated 6.6.20205 ANNEXURE P/8 as early as possible. 10.4 Any other relief or reliefs may also be granted to the petitioner which this Hon'ble court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel appearing for the petitioners submits that the impugned order issued by the respondent no. 1 in respect of rationalized the Govt. Girls Higher Secondary School - Karjee and merged in the Govt. Boys Higher Secondary School- Karjee Bloo Ambikapur Distt- Surguja is illegal, arbitrary and contrary to the policy issued by the state Govt. Hence it is liable to be set aside. The Govt. Girls Higher Secondary School - Karjee, Block-Ambikapur is not operating under the campus of Govt. Boys Higher Secondary School and it operates in its own campus and as per clause "A" of circular dated 28.4.2025 in respect of rationalization of the Schools, nothing has been mention that the two Higher Secondary Schools will be rationalized and as per clause A(6) of the said circular, it is clearly mention that the rationalization of Primary, Pre- Primary, High School and Higher Secondary Schools Operating in the same Campus but in the present case, the respondent authorities rationalized the Govt. Girls Higher Secondary School Karji which is contrary to the policy issued 4 by the respondent no.1 and they have not follow the own guideline/ circular. He further submits that as per clause B of the said policy, it is mention that two schools of the same level, which are separated from each other by less enrollment number will be merged, such schools will be rationalized if the distance between them is 500 meters in urban area and the enrollment number is less than 30 and in rural area, the distance is less than 1 km and the enrollment number is less than 10 but in respect of Govt. Girls H. Secondary School Karjee, total enrolled number of students are 219 and the enrolled number of the Govt. Boys Higher Secondary are 211 where the said school has been merged therefore the rationalization of the said school is completely illegal, arbitrary and contrary to the policy issued by the State Govt. In the entire State of Chhattisgarh, no any such type of schools have been rationalized by the authorities and only on school i.e Govt. Girls H.S. School Karjee has been rationalized which is completely in arbitrary manner and contrary to the own policy, the said school has been merge in the respondent no.6 school. He further submits that a representation has also been submitted before respondent No.2- Collector on 06.06.2025 (Annexure P-8), which is still pending, therefore, it is prayed that the respondent No.2 may be directed to consider and decide the same at the earliest within specified time framed. 3. Learned State Counsel not opposes the limited prayer made by counsel for the petitioner. 5 4. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 5. Considering facts of the case, submissions of counsel for the respective parties, this writ petition is disposed of directing to respondent No.2- Collector to consider and decide the representation dated 06.06.2025 (Annexure P-8), as expeditiously as possible as per relevant rules, regulations and law. 6. Accordingly, the instant petition is disposed of. C.C. as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant