2025:CGHC:15039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6997 of 2021 1 - Nirupama Meshram D/o Devanand Meshram Aged About 36 Years Working As Guest Teacher, Government High School Kumharbadgaon, Block Pharasgaon, District Kondagaon Chhattisgarh. 2 - Gautam Sahu S/o Banshi Lal Sahu Aged About 26 Years Working As Guest Teacher, Government Higher Secondary School Kshamtapur, Block Makadi, District Kondagaon Chhattisgarh. 3 - Murli Manohar S/o Gajendra Aged About 26 Years Working As Guest Teacher, Government High School Jarandi, Block Makadi, District Kondagaon Chhattisgarh. 4 - Preeti Pawar D/o Narayan Singh Gautam Aged About 35 Years Working As Guest Teacher, Government High School Tedmunda, Block Makadi, District Kondagaon Chhattisgarh. 5 - Toshan Kumar Sahu S/o Khumchand Sahu Aged About 29 Years Working As Guest Teacher, Government Higher Secondary School Kosmi, Block Baderajpur, District Kondagaon Chhattisgarh. 6 - Rohan Adhikari S/o Nikhil Adhikari Aged About 28 Years Working As Guest Teacher, Government High School, Hadigaon, Block Makadi, District Kondagaon Chhattisgarh. 7 - Anjali Korram D/o Jogeshwar Korram Aged About 25 Years Working As Guest Teacher, Government High School Hadigaon, Block Makadi District Kondagaon Chhattisgarh. 8 - Sanjay Kumar Mandavi S/o Rambharos Mandavi Aged About 30 Years Working As Guest Teacher, Government High School Deogaon, Block Pharasgaon, District Kondagaon Chhattisarh. 9 - Isha Pandey D/o Ramesh Kumar Pandey Aged About 25 Years Working As Guest Teacher, Government Higher Secondary School Parond, Block Baderajpur District Kondagaon Chhattisgarh. KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.04.15 15:09:38 +0530 10 - Hema Shrivastava D/o Dilip Kumar Shrivastava Aged About 35 Years Working As Guest Teacher, Government Higher Secondary School Parond, Block Baderajpur, District Kondagaon Chhattisgarh. 11 - Seema Sahu D/o Santosh Sahu Aged About 27 Years Working As Guest Teacher, Government Higher Secondary School, Dahikonga, Block Kondagaon District Kondagaon Chhattisgarh. 12 - Jarina Adwani W/o Dhananjay Adwani Aged About 40 Years Working As Guest Teacher, Government Higher Secondary School Korgaon, Block Baderajpur, District Kondagaon Chhattisgarh. 13 - Neha Sinha W/o Tivendra Sinha Aged About 26 Years Working As Guest Teacher, Government Higher Secondary School Salna, Block Baderajpur District Kondagaon Chhattisgarh. 14 - Mamta Pandey D/o Aytu Ram Pandey Aged About 28 Years Working As Guest Teacher, Government High School Mandoki Khargaon, Block Baderajpur District Kondagaon Chhattisgarh. 15 - Prema Mandavi D/o Phooldas Mandavi Aged About 28 Years Working As Guest Teacher, Government High School Mandoki Khargaon, Block Baderajpur District Kondagaon Chhattisgarh. 16 - Santoshi Dhruw D/o Ramswaroop Dhruw Aged About 29 Years Working As Guest Teacher, Government High School Umaragaon, Block Makadi, District Kondagaon Chhattisgarh. 17 - Vandana Waghmare D/o Lalit Waghmare Aged About 40 Years Working As Guest Teacher, Government High School Mohalai, Block Kondagaon, District Kondagaon Chhattisgarh. 18 - Gulmat Sahu S/o Nathelal Sahu Aged About 28 Years Working As Guest Teacher, Government Higher Secondary School Honawondi, Block Baderajpur District Kondagaon Chhattisgarh. 19 - Bhavani Patel S/o Sagru Ram Patel Aged About 29 Years Working As Guest Teacher, Government High School Bagbeda, Block Makadi, District Kondagaon Chhattisgarh. 20 - Kavita Patel D/o Sevakram Patel Aged About 26 Years Working As Guest Teacher, Government Higher Secondary School Torandi, Block Makadi, District Kondagaon Chhattisgarh. 21 - Geeta Pandey D/o Radhe Shayam Pandey Aged About 27 Years Working As Guest Teacher, Government High School Themgaon, Block Makadi, District Kondagaon Chhattisgarh. 22 - Nirmala Mandavi D/o Shivlal Mandavi Aged About 26 Years Working As Guest Teacher, Government Higher Secondary School Malakot, Block Kondagaon, District Kondagaon Chhattisgarh. 23 - Ahilya Sethiya D/o Rameshwar Sethiya Aged About 34 Years Working As Guest Teacher, Government Higher Secondary School Harwel, Block Baderajpur District Kondagaon Chhattisgarh. 24 - Ravindra Gawde S/o Sudhu Ram Aged About 26 Years Working As Guest Teacher, Government Higher Secondary School Tenwsa, Block Baderajpur District Kondagaon Chhattisgarh. 25 - Virendra Kumar Netam S/o Asha Ram Netam Aged About 27 Years Working As Guest Teacher, Government Higher Secondary School Eragaon, Block Keshkal, District Kondagaon Chhattisgarh. 26 - Kamitla Netam D/o Dashru Ram Aged About 29 Years Working As Guest Teacher, Government High School Vishrampuri, Block Baderajpur District Kondagaon Chhattisgarh. 27 - Hemlata Markam S/o Rupsingh Markam Aged About 27 Years Working As Guest Teacher, Government High School Titarwand, Block Baderajpur District Kondagaon Chhattisgarh. 28 - Renu Prasad Koushik D/o Greek Chand Koushik Aged About 33 Years Working As Guest Teacher, Government Higher Secondary School Kanga, Block Kondagaon, District Kondagaon Chhattisgarh. 29 - Lambodhar Netam S/o Ramesh Netam Aged About 30 Years Working As Guest Teacher, Government Higher Secondary School Salna, Block Baderajpur District Kondagaon Chhattisgarh. 30 - Lakhee Sethiya S/o Chandrashekhar Sethiya Aged About 30 Years Working As Guest Teacher, Government Higher Secondary School Makadi, Block Makadi, District Kondagaon Chhattisgarh. 31 - Pranchi Yadav S/o Samnath Aged About 30 Years Working As Guest Teacher, Government High School Sonabal, Block Kondagaon, District Kondagaon Chhattisgarh. 32 - Bharti Markam S/o Piyasharan Markam Aged About 38 Years Working As Guest Teacher, Government High School Dhamanpuri, Block Baderajpur District Kondagaon Chhattisgarh. 33 - Tanu Nag D/o Banu Dev Nag Aged About 28 Years Working As Guest Teacher, Government High School Kohkameta, Block Keshkal, District Kondagaon Chhattisgarh. 34 - Haresh Kumari D/o Kawal Singh Aged About 31 Years Working As Guest Teacher, Government Higher Secondary School Heerapur, Block Makadi, District Kondagaon Chhattisgarh. 35 - Maheshwari Sethiya D/o Badrinath Sethiya Aged About 27 Years Working As Guest Teacher, Government Higher Secondary School Bangoli, Block Pharasgaon, District Kondagaon Chhattisgarh. 36 - Divya Bharti Markam D/o Lachchhu Ram Markam Aged About 27 Years Working As Guest Teacher, Government High School Lubha, Block Makadi, District Kondagaon Chhattisgarh. 37 - Ramakant Nag S/o Amar Singh Nag Aged About 28 Years Working As Guest Teacher, Government Higher Secondary School Gamhari, Block Baderajpur District Kondagaon Chhattisgarh. 38 - Prasangeet Sajjal S/o Sukhrajan Sajjal Aged About 30 Years Working As Guest Teacher, Government High School Hatchapai, Block Pharasgaon, District Kondagaon Chhattisgarh. 39 - Arun Kumar Ghosh S/o A.K. Ghosh Aged About 35 Years Working As Guest Teacher, Government Higher Secondary School Hangwa, Block Kondagaon, District Kondagaon Chhattisgarh. 40 - Umeshwari Yadav S/o Santosh Yadav Aged About 34 Years Working As Guest Teacher, Government High School Tamrawand, Block Keshkal, District Kondagaon Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh. 2 - Lok Shikshan Sanchanalaya, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 3 - Collector Kondagaon, District Kondagaon Chhattisgarh. 4 - District Education Officer Kondagaon District Kondagaon Chhattisgarh. ---- Respondents For Petitioners : Mr. Sandeep Jha and Ms. Gunjan Tiwari, Advocates. For State : Mr. Kalpesh Ruparrel, Panel Lawyer with Mr. R.P. Aditya, Jt. Director (Education), Mr. Sandeep Chopde, Assistant Director Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 28.03.2025 1. The petitioners who were Guest Teacher working in the various Government Schools of District-Kondagaon (C.G.) have filed present writ petition challenging orders dated 16.09.2021 (Annexure P/2) by which the services of petitioners who were Guest Teachers have been discontinued and they have been appointed under District Mineral Fund who were not discharging their duties as Vidya Mitan vide order dated 08.10.2021 (Annexure P/4). The petitioners have prayed that they be allowed to work as Guest Teachers as per instructions dated 24.06.2019 (Annexure P/1) issued by the State of Chhattisgarh. 2. The brief facts projected by the petitioners are that the petitioners were appointed on the post of Guest Teacher in various subject in the High School of District – Kondagaon for the academic session 2019-2020 on contractual basis. They were regularly discharging their duties. All of a sudden they were discontinued from the service on 16.09.2021 by replacing them other set of Guest Teachers. When they protested, the respondents vide order dated 08.10.2021 made alternative arrangement for them and kept them under the District Mineral Fund, as such their service conditions were changed, therefore, being aggrieved with the change of service condition they have filed present writ petition. 3. Learned counsel for the petitioners would submit that the respondents have passed the impugned order in light of the order passed by this Court in WPS No. 9275/2019 dated 14.11.2019, which is misconceived as appointment ought to have been made against the vacant post whereas in the present case the respondents have created post by removing the petitioners and given appointment on the post of Guest Teacher to the other persons, as such, the action of the respondents in replacing the petitioners by another set of guest teacher is illegal and would pray for quashing of the impugned orders dated 16.09.2021 and 08.10.2021. 4. The State counsel opposing the petition submits that the petitioners in WPS No. 9275/2019 dated 14.11.2019 were appointed as Vidya Mitan from the year 2016 to 2019. As per the direction of the State Government, School Education Department dated 02.08.2019, said petitioners were discontinued. The said writ petition was disposed off vide order dated 14.11.2019 directing the respondents to decide the representations of the petitioners. Pursuant to the direction given by this Court the candidates who were appointed as Vidya Mitan were allowed to work as Guest Teacher and the candidates who were not Vidya Mitan were allowed to work under the DMF Fund. As the present petitioners were not Vidya Mitan, as such, they were allowed to work under the DMF fund. He would further submit that present petitioners were neither regular appointees nor the appointment was under regular establishment, therefore, they have no indefeasible right to continue as Guest Teacher, their appointment was temporary in nature, therefore, no illegality has been committed by the respondents in in allowing them to work under DMF fund and would pray for dismissal of the writ petition. 5. He would further submit that all the petitioners are not possessing requisite qualification as per the National Council for Teacher Education (NCTE)'s notification dated June 28, 2018 and the Right to Education Act, 2009 (RTE Act). All the petitioners are not holding requisite qualification either they are not second class degree holder in post graduation or not having the B.Ed. Degree, as such, the petitioners who are not having the requisite qualification cannot claim their continuation of service as Guest Teacher and would pray for dismissal of the petition. 6. I have heard learned counsel for the parties and perused the record with utmost satisfaction. Page 7 of 7 7. This Court directed the State on 11.06.2024 to furnish the details regarding eligibility of the petitioners. They have filed detailed report regarding qualification of the petitioners as on date of the consideration of the candidates on 08.10.2021. 8. Having heard the contentions put forth on either side and on perusal of record, it does not appear that the performance of the petitioners, at any point of time, was found to be unsatisfactory, however, this Court cannot lose sight of the fact that the standard of education should not be compromised or less meritorious candidates are appointed as Teaching faculties which may hamper the standard of education. 9. Therefore, it is directed that the District Education Officer in coordination with the Principal of the concerning school shall examine the case of the petitioners along with other eligible candidates and if they are found eligible for appointment to the post of Guest Teacher strictly in accordance with the instruction dated 24.06.2019 they shall be given appointment as Guest Teacher against vacant posts. It is also directed that if there is any provision of bonus marks on the basis of requisite service length, they shall be provided as per instruction dated 12.05.2023. Let this exercise be carried out in transparent manner before start of Academic Session 2025-26. 10. With the aforesaid observations and directions, the present writ petition stands disposed of. Sd/- (Narendra Kumar Vyas) Judge Deshmukh