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2025 DAILYLAW 49938 (CHH)

GAYATRI GYANODAY SHIKSHAN SAMITI v. STATE OF CHHATTISGARH

WPC/5477/2025 · 2025-10-16

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:51896 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5477 of 2025 1 - Gayatri Gyanoday Shikshan Samiti Near Canal Pool, Janjgir, Distt. Janjgir-Champa (C.G) Through Its Secretary Shri Alok Kumar Shukla, S/o Shri Radheshyam Shukla, Aged About 58 Years, R/o Near Nahar Pool, Main Road, Janjgir, Distt. Janjgir-Champa (C.G.) 2 - Alok Kumar Shukla S/o Shri Radheshyam Shukla Aged About 58 Years Occupation- Principal, Jigyasa Higher Secondary School, Janjgir, Distt. Janjgir-Champa (C.G.) R/o 60/8, Ward No. 18, Near Nahar Pool, Main Road, Janjgir, Distt. Janjgir-Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhavan, Mantralaya, Atal Nagar, Police Station And Post- Rakhi, Atal Nagar, Distt. Raipur (C.G.) 2 - Secretary CG Board Of Secondary Education, Near Pension Bada Road, Vivekanand Nagar, Janta Colony, Raipur, Distt. Raipur (C.G.) 3 - Joint Director Education Division, Bilaspur, Distt. Bilaspur (C.G.) 4 - District Education Officer Distt. Janjgir-Champa (C.G) ---- Respondents For Petitioners : Mr. Vivek Kumar Shrivastava, Advocate For State : Mr. Soumitra Kesharwani, PL For Respondent No.2 : Mr. R.S. Patel, Advocate 2 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 17/10/2025 1. With the consent of counsel for the parties, the matter is heard finally. 2. By way of this petition, petitioner sought following relief(s) : “(i) That the Hon’ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner from the concerned authorities for its kind perusal. (ii) That this Hon'ble Court may kindly be pleased to set aside/quash the impugned letter dated 22.4.2025 (Annexure P/4) issued by respondent No.2/Secretary, CG Board of Secondary Education, Raipur and direct the respondent authorities to consider the grant of recognition to the petitioners' school for English medium also in accordance with law. (iii) That this Hon'ble Court may also kindly be pleased to grant any other relief deemed fit in the facts and circumstances of the case to the petitioners including cost of the petition.” 3. Learned counsel for the petitioner submits that petitioner No.1- Gayatri Gyanoday Shikshan Samiti, is a registered Samitit under the MP Societies Registration Act, 1973 since 17.4.2000 which has been formed with a laudable object of imparting education. Petitioner No.2 Alok Kumar Shukla is the Secretary of the said Samitit and also working as Principal, Jigyasa Higher Secondary School, Janjgir, run by the petitioner No. 1/Samiti. Jigyasa High School, Janjgir granted interim/temporary recognition by the CG Board of Secondary Education on general conditions for imparting education in Hindi and English medium to students from Class Nursery to Class 12th from 3 time to time since academic sessions 2020-21 to 2027-28 and under the Right of Children to Fee and Compulsory Education Act, 2009, total 09 students have been admitted in the petitioners' school. This apart, in the present academic sessions, there are 03 students in Class 9 of OBC category and 02 students of Class 10th of OBC category. All these students are pursuing their studies in English Medium. The impugned letter dated 22.4.2025 has been issued without due application of mind and without going through the records pertaining to school of the petitioners. In fact, the recognition fee for Hindi medium of the year 2025 amounting to Rs.20,200/- has already been deposited by the petitioners. Further, as per impugned letter, recognition fees towards English medium of Rs. 1,73,200/- has been demanded for a period from 2015 to 2025 whereas uptill 2022-23 there were students of only Hindi medium in the school of the petitioners. A bare perusal of the impugned letter would show that the Board, on the one hand, demanding renewal fee from 2015 to 2025 for English medium and on the other, states that the petitioners' school is not recognized for English medium. Though petitioner No.2 Alok Shukla submitted a representation on 19.9.2025 to the Secretary, CG Board of Secondary Education for continuing their recognition for English medium by allowing them to deposit balance recognition fees of Rs.40,400/- for both the mediums. However, no decision is taken thereon till date. In view of the aforesaid documents granting interim and temporary recognition to the petitioners' school from time to time after deposit of 4 the requisite fee and complying with the standards/norms fixed by the Board, issuance of the impugned letter dated 22.4.2025 is per se illegal, arbitrary and liable to be set aside. Hence, this petition. 4. Learned counsel for the respondents submits that appropriate steps will be taken to redress the grievance of the petitioners at the earliest. 5. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. Considering the facts and circumstances of the case, nature of grievance raised in this writ petition, submissions of the counsels for the respective parties, instead of keeping this writ petition pending, I find it appropriate to dispose of this writ petition with a direction to the Respondent No.2 – Secretary, CG Board of Secondary Education to decide the representation made by the petitioner dated 19.09.2025 (Annexure P-5) expeditiously, preferably within a period of ‘30 days’ from the date of receipt of copy of this order. 7. With the aforesaid direction, the petition stands disposed of. 8. It is made clear that this Court has not expressed any opinion with regard to the merits of the case. Sd/- (Arvind Kumar Verma) Judge Vasant