1 2025:CGHC:33244-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 63 of 2025 Byas Narayan Kashyap S/o Mr. Late Shaniram Kashyap Aged About 59 Years R/o Gandhi Chowk, Purani Basti, Naila, Tahsil - Janjgir, District Janjgir-Champa, Chhattisgarh-495668 ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, District - Raipur, Chhattisgarh 2 – Director, Directorate Of Public Instruction, Indravati Bhawan, Naya Raipur, Chhattisgarh 3 – Collector, Collector Complex, District Manendragarh-Chirmiri- Bharatpur (C.G.) 4 – Collector, Collector Complex, District Janjgir- Champa (C.G.) 5 – Collector, Collector Complex, District - Balod (C.G.) 6 – Collector, Collector Complex, District - South Bastar Dantewada (C.G.) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.17 10:24:54 +0530 2 7 – Collector, Collector Complex, District - Bemetara (C.G.) 8 – Collector, Collector Complex, District - Bilaspur (C.G.) 9 – Collector, Collector Complex, District Sarangarh-Bilaigarh (C.G.) ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Devashish Tiwari, Advocate For Respondents/ State : Mr. Y. S. Thakur, Additional Advocate General Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 16/07/2025 1. Heard Mr. Devashish Tiwari, learned counsel for the petitioner. Also heard Mr. Y. S. Thakur, learned Additional Advocate General for the respondents/ State. 2. The petitioner has filed this petition praying for following relief:- “a. Declare that the identification of surplus teachers, transfers, and school mergers/closures carried out under the Yuktiyuktakaran (Merger) Policy, 2024/2025, in violation of the Right of Children to Free and Compulsory Education Act, 2009 and the Chhattisgarh RTE Rules, 2010, are arbitrary, illegal, and void ab initio. b. Quash and set aside all orders and actions declaring teachers surplus, transferring teachers, ог merging/closing schools, which have been undertaken without strict adherence to: 3 i. Subject-wise seniority and prescribed pupil- teacher ratio norms, ii. Statutory preference for cluster heads, female teachers, and protected categories, iii. Due process and principles of natural justice. c. Direct the Respondents to: i. Recalculate and re-identify surplus teachers strictly in accordance with actual student enrollment, subject-wise sanctioned strength, and seniority, after excluding probationary and handicapped quota teachers as per the law; ii. Ensure that cluster heads, female teachers, and other protected categories are given genuine and effective preference in redeployment/counselling, including assignment to accessible schools; iii. Conduct all future redeployment and transfer exercises in a transparent and fair manner, with advance notice, opportunity of hearing, and publication of criteria used. d. Direct the Respondents to restore all affected teachers to their original posts or to suitable posts in accordance with law, with all consequential benefits including continuity of service, salary, and seniority. e. Direct the Respondents to maintain and operate neighborhood schools within the prescribed distances as required by the RTE Act and Chhattisgarh RTE Rules, and to refrain from arbitrary closure or merger of such schools.” 3. At the very outset, learned counsel for the petitioner submits that the question of law which has been raised in the present WPPIL is already a subject matter of a writ petition pending before the learned Single Judge of this Court, hence he seeks permission of this Court to withdraw the present petition with liberty to pursue the remedy 4 available to him before the appropriate forum. 4. Learned State counsel has no objection. 5. In view of the submission made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty, as prayed for and the security amount deposited stands forfeited. 6. Certified copy of the documents annexed in the petition, if any, may be returned back to the counsel for the petitioner/ State after obtaining the photocopy of the same. - Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $ Bhilwar/ Jyoti