1 2025:CGHC:50663 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4907 of 2025 1 - Ghasiram Kaiwart S/o Harnarayan Kaiwart Aged About 44 Years R/o Ajad Nagar, Jarhajail, Ward No. 45, Durpa, President Shala Vikas Samiti Government Primary School Jarhajel Korba District Korba Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - Additional Secretary School Education Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 3 - Director Public Instruction Directorate, Chhattisgarh First Floor, C- Block Indiravati Bhavan, Naya Raipur, District Raipur Chhattisgarh 4 - Collector Korba District Korba Chhattisgarh 5 - Secretary District Rationalization Committee (District Education Officer) Korba, District Korba Chhattisgarh 6 - Sub-Divisional Magistrate (Revenue) Korba, District Korba Chhattisgarh 2 7 - Block Education Officer Katghora, District Korba Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Awadh Tripathi, Advocate For Respondent/State : Shri Ajit Singh, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/10/2025 At the outset, learned counsel for the petitioner submits that the present writ petition has been preferred assailing the order passed by the Block Education officer,District Korba, whereby Primary School Jarhajehl, has been merged into Primary School Durpa which is situated at a distance of more than 1.5 kilometers. It is contended that the said merger is contrary to the Government’s Rationalization policy, as the distance between the two schools is more than 1.5 kms. Whereas as per policy, only those schools situated within a distance of 500 meters (in urban areas) or the prescribed limit in rural areas may be considered for merger. It is further submitted that the petitioner, being the President of the School Prabandhan and Vikas Samiti, had raised objections and submitted a representation before the competent authorities, but the same has not been decided till date. Counsel for the petitioner contends that the action of the respondents is arbitrary and violative of the principles of natural justice, as no opportunity of hearing was provided to the stakeholders prior to such merger. 2. Per contra, learned State counsel submits that the merger order has been passed in accordance with the rationalization policy issued by 3 the Government and that the authorities have acted bona fide to ensure optimal utilization of available teaching staff and infrastructure. However, learned State counsel fairly submits that in case the petitioner files detailed representation before the competent authority, the same shall be considered and decided in accordance with law. 3. Considering the submissions made by the learned counsel for the parties and without entering into the merits of the case, this petition is disposed of with a direction to the petitioner to file a detailed representation before the Collector, District Korba if already not filed within ten days from the date of receipt of copy of this order and in turn the Collector shall consider and decide the representation of the petitioner in an objective manner after affording opportunity of hearing within a further period of 30 days thereafter. 4. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority shall pass a reasoned and speaking order on the basis of the material available before it. 5. With the aforesaid directions,t he petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.10.15 18:44:54 +0530