Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 33228 (CHH)

OMPRAKASH SAHU v. SHRI SIDARTH KOMAL PARDESHI

CONT/970/2024 · 2025-04-01

Shri Arvind Kumar Verma

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:15246 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 970 of 2024 Omprakash Sahu S/o Shri Uday Ram Sahu Aged About 26 Years R/o Radhika Vihar Phase-1, Bilaspur, District Bilaspur, Chhattisgarh. ... Petitioner versus 1- Shri Sidarth Komal Pardeshi Secretary, Department Of School Education, Mahanadi Bhawan, Mantra Laya, New Raipur, District Raipur, Chhattisgarh. 2 - Miss Divya Umesh Mishra Director, Directorate Of Public Instruction, Indrawati Bhawan, Mantralaya, New Raipur, District Raipur, Chhattisgarh. ---- Respondents ___________________________________________________________ For Petitioner : Mr. Mandeep Kalra, Ms. Anushriya Satapathy, Ms. Radhika Jalan, Ms. Widaphi Lygdon, Mr. Yashas J, Mr. Vaibhav Yadav, Mr. Paras Mohan Sharma & Ms. Shefali Tripathi, Advocates appears through video conferencing For Respondents : Mr. Siddhant Tiwari, Advocate ___________________________________________________________ Hon'ble Shri Justice Arvind Kumar Verma Order on Board 01/04/2025 1. This contempt petition has been preferred by the petitioner under VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.04.04 15:28:20 +0530 2 Section 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India, seeking appropriate action against the respondents/contemnors for their willful disobedience and non compliance with the order dated 02.04.2024 passed by this Court in WP(S) No.7344 of 2023 (Omprakash Sahu Vs. Union of India & Ors.) and other connected matters. 2. Learned counsel for the petitioner contended that the order passed by this Court on 02.04.2024 in WP(S) No.7344 of 2023 has not been complied with the respondents/contemnors. He further contended that 2897 B.Ed. Candidates have been appointed to the post of Assistant Teacher for Classes I to V. Hon’ble Division Bench has directed to rearrange the selection list excluding B.Ed. holders. The respondent authorities have not re-arranged the entire vacancy as per the advertisement. 3. Learned counsel for the respondents would submit that the order dated 02.04.2024 passed in Writ Petition (S) No.7344 of 2023 has been complied with and the present contemnors have taken decision in petitioner’s case. 4. I have heard learned counsel for the parties and perused the records with utmost circumspection. 5. Considering the facts of the case and submission made by counsel for the petitioner and operative portion of order of this Court as under : “39. For the foregoing reasons, the writ petitions 3 deserve to be allowed by declaring the prescription of qualification of B.Ed. as eligible qualification for the post of Assistant Teacher (Class I to V) as illegal and without jurisdiction which deserves to be quashed and hereby quashed. Consequently, the advertisement dated 04.05.2023 to the extent it permit the candidates having the qualification of B.Ed. to participate in process of selection for the post of Assistant Teacher is also declared illegal and quashed. The State Government is directed to rearrange the selection list in accordance with the provisions of the Rules 2019 by excluding the candidates participated in the selection process having qualification of B.Ed. This exercise deserves to be completed within a period of six weeks from today. 40. The writ petitions are allowed to the extent indicated hereinabove. No cost(s).” 6. Learned counsel for the respondents contended that the State has re-arranged the select list in accordance with provisions of the Rules by excluding the candidates participated in the selection process having qualification of D.Ed. Respondents have filed संቌኔपिका, उ संचालका, लका शिቌኔण संचालनाय, छቈኍसंगढ़. On perusal of the said document, this Court is of the considered view that the order of this Court dated 02.04.2024 has been 4 complied with. 7. In view of the above, no deliberate contempt is made out as the order passed by this Court has been complied with. Rule is discharged. 8. Accordingly, the contempt petition is disposed of. The petitioner if still aggrieved may challenge the order passed by the contemnors/respondents in an appropriate remedy available to him under the law. Sd/- (Arvind Kumar Verma) Judge Vasant