1 2025:CGHC:59976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13729 of 2025 • Ajit Choubelal Gohar S/o Choubelal Gohar Aged About 38 Years Presently Working As Ag-Iii, District And Sessions Court Raipur, District Raipur (C.G.) ... Petitioner(s) versus 1. High Court of Chhattisgarh Through Registrar General, Bodari, Bilaspur, District Bilaspur (C.G. 2. Principal Judge District And Session Court Raipur District Raipur (C.G.) 3. State of Chhattisgarh Through Principal Secretary (Law), Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Tarendra Kumar Jha and Mr Tapan Kumar Chandra, Advocates. For Respondent(s) No.1 : Mr. Rahul Tamaskar, Advocate For State : Mr. Vinay Pandey, Dy. Advocate General (Hon’ble Mr. Justice Narendra Kumar Vyas) Order on Board 10/12/2025 1. The petitioner who is working as AG III in Distinct Court, Raipur has filed this Writ Petition under Article 226 of the Constitution of India against the memo dated 4-9-2025 and also memo dated 3-11-2025 (Annexure P/7) by which the application for grant of permission to participate in the course of LLB 3 rd 2 year was rejected by the respondent No.2/ Principal Judge, District & Session Court, Raipur. 2. The record of the case would show that the petitioner has already been granted permission for participation for the course LLB 1st year in the year 2023-2024 vide memo dated 17-7-2023 and subsequently 2nd year in the year 2024-2025 vide memo dated 27-8-2024 and now only study of final year is left, therefore, he has moved an application for grant of permission to study for the Course LLB 3rd year which has been turned down by respondent No.2 vide memo dated 4-9-2025. Thereafter the petitioner filed a representation before the Registrar General, High Court on 6-10-2025 , but the same was rejected by Registrar General of this Court on 31-10-2025 which was communicated to the petitioner vide memo dated 3-11-2025 (Annexure P/7) 3. Learned counsel for the petitioner would submit that the petitioner has to attend the classes from 7 am to 10 am and the court’s functioning starts at 10.30 am and by continuing his studies, no administrative function of Court will be adversely affected. It has also been informed that if any court work is adversely affected, he will make sincere efforts to complete the work within the stipulated time period. Thus he would pray for allowing the petition and direction may be issued to respondent No.1 to permit the petitioner to continue the study of LLB Course 3rd year for the session 2025-26) from the MATS University, Pandari Raipur. 4. Per contra, learned counsel appearing for the High Court would submit that the Chhattsgarh District Judiciary Establishment (Recruitment and conditions of Services ) Employees Rules 2023 (for short, The Rules 2023) do not provide such provisions, therefore, the impugned order has been passed. 5. I have heard learned counsel for the parties and perused the impugned order. 6. The Chhattsgarh District Judiciary Establishment (Recruitment and 3 conditions of Services ) Employees Rules 2023 (for short, The Rules 2023) have been made effective from 6-10-2023 and Rule 47 of the Rules 2023 deals with Repeal and Saving which reads as under. 47 Repeal and Saving – All orders, instructions and circulars corresponding to these Rules in force immediately before commencement of these Rules, are hereby repealed in respect o. the matters covered by these Rules. Provided that any order made or action taken under the Rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these Rules. 7. From perusal of the aforesaid rules, it is quite vivid that in view of Rule 47 Repeal and Saving clause, the permission granted to the petitioner cannot be said to be illegal and also considering the fact the petitioner has already completed first year and second year study of LLB and if the petitioner is not allowed to complete his law graduation, definitely the career of the petitioner and his future prospectus will be adversely affected., therefore, I am of the view that the memo dated 4-9-2025 (Annexure P/5) and order dated 3-11-2925 (Annexre P/7) deserve to be set aside and accordingly they are set aside and Registrar of High Court is directed to grant permission to the petitioner to pursue his LLB course 3rd year in the said university. 8. With the aforesaid observation and direction, this writ petition is allowed. 9. Pending interlocutory applications, if any, shall stand disposed of. Sd/- (Narendra Kumar Vyas) JUDGE Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.12.11 17:25:02 +0530