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2025 DAILYLAW 58764 (CHH)

DR. R.K. THAKUR v. STATE OF CHHATTISGARH

WPS/2608/2023 · 2025-11-16

Shri Amitendra Kishore Prasad

Public Interest Litigationbody2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2608 of 2023 1 - Dr. R.K. Thakur S/o Shri Daya Ram Thakur Aged About 57 Years Assistant Professor, Kunj Bihari Choubey Govt. College, Lal Bahadur Nagar, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 2 - Dr. M.S. Gupta S/o Shri N.R. Gupta Aged About 55 Years Assistant Professor Govt. Nagarjun Science P.G. College, Raipur, District : Raipur, Chhattisgarh 3 - Dr. Vimal Kumar Govindani S/o Shri Khiyal Das Govindani Aged About 62 Years Assistant Professor Govt. D.K.P.G. College, Baloda Bazar, District : Balodabazar-Bhathapara, Chhattisgarh 4 - Dr. Chhail Kumar Chandravanshi S/o Shri G.P. Chandravanshi Aged About 59 Years Assistant Professor Govt. D.K.P.G. College, Baloda Bazar, District : Balodabazar-Bhathapara, Chhattisgarh 5 - Dr. Rajesh Kumar Mishra S/o Shri K.S. Mishra Aged About 59 Years Assistant Professor Govt. D.K.P.G. College, Baloda Bazar. 6 - Dr. Hem Kalyan Singh Gajendra S/o Shri Amar Singh Gajendra Aged About 62 Years Assistant Professor Govt. D.R.S. Govt. P.G. College, Kasdol, District : Balodabazar-Bhathapara, Chhattisgarh VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 7 - Dr. Pradeep Kumar Jambulkar S/o Shri Daya Ram Jambulkar Aged About 57 Years Assistant Professor Govt. Nehru P.G. College Dongargarh, District : Rajnandgaon, Chhattisgarh 8 - Dr. Agnu Ram Dhruw S/o Shri Sukhau Ram Dhruw Aged About 61 Years Assistant Professor Kunj Bihari Choubey Govt. College, Lal Bahadur Nagar, Rajnandgaon, District : Rajnandgaon, Chhattisgarh 9 - Dr. Jawahar Lal Patle S/o Shri Sahas Ram Patle Aged About 54 Years Assistant Professor N.R.M. Govt. Girls College, Dhamtari, District : Dhamtari, Chhattisgarh 10 - Dr. Dayalu Ram Choudhari S/o Shri Pila Ram Choudhari Aged About 58 Years Assistant Professor N.R.M. Govt. Girls College, Dhamtari, District : Dhamtari, Chhattisgarh 11 - Dr. Rohini Markam S/o Shri Babu Lal Markam Aged About 53 Years Assistant Professor N.R.M. Govt. Girls College, Dhamtari, District : Dhamtari, Chhattisgarh 12 - Dr. Jeevan Lal Baghel S/o Shri Ramadhin Baghel Aged About 60 Years Assistant Professor Govt. College Gurur, District : Balod, Chhattisgarh 13 - Dr. Anil Shrivastava S/o Shri Kapil Muni Prasad Aged About 58 Years Assistant Professor Govt. N.E.S. P.G. College, Jashpur, District : Jashpur, Chhattisgarh 14 - Dr. Neeta Bajpai D/o B.K. Bajpai Aged About 55 Years Assistant Professor Pt. Ravishankar Shukla University (Deputation) Raipur, District : Raipur, Chhattisgarh 15 - Dr. Sanjay Ghose S/o Rajeev Ranjan Ghose Aged About 57 Years 3 Assistant Professor Govt. N.P.G. College Of Science, Raipur, District : Raipur, Chhattisgarh 16 - Dr. Paresh Chanda Sharma S/o Yogesh Chanda Sharma Aged About 55 Years Assistant Professor Govt. N.P.G. College Of Science, Raipur, District : Raipur, Chhattisgarh 17 - Dr. Vineeta Agrawal D/o G.S. Agrawal Aged About 54 Years Govt. Chhattisgarh P.G. College, Raipur, District : Raipur, Chhattisgarh ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - Director Directorate Of Higher Education, Indravati Bhavan, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh 3 - University Grants Commission Through Chairman, Bahadur Shah Zafar Marg, New Delhi 110002 ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioners :- Mr. Rohit Sharma, Advocate For State :- Mr. Rahul Tamaskar, G.A. For Respondent No. 3 :- Mr. J.N. Nande, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 17.11.2025 1. Heard. 2. By way of this petition, the petitioners pray for following reliefs: “10.1. This Hon'ble Court may kindly be pleased to Hold the Action of the Respondent of keeping in abeyance the promotion entitlement 4 to post of professor, is Arbitrary & Capricious and in a Sheer contravention of Articles 14, 16 & 21 of the Constitution of India. 10.2. That this Hon'ble Court may kindly be pleased to direct the respondent to issue promotion order to the post of professor, to the petitioners herein. 10.3. That this Hon'ble Court may kindly be pleased to direct the respondent to act in reference to Annexure P/4 and act upon in a time bound manner. 10.4. This Hon'ble Court may kindly be pleased to call for the Records of Case. 10.5. Any other relief, which this Hon'ble Court may deem fit and proper for the Just Adjudication of the case and protecting Rights of the Petitioner. 10.6. Cost of the petition.” 3. Learned counsel for the petitioners submits that petitioners are entitled to get promotion from the post of Assistant Professor to the post of Professor under Higher Education Department. He further submits that WPS1898/2018 and other connnected matters have been decided by this Court whereby the Assistant Professors/ eligible candidates have been permitted to make a representation before the State claiming their promotion to the post of Professor. He also submits that petitioner has made a representation in light of judgment passed in the WPS No. 1898/2018 and other connected matters before respondent No. 2. He prays that instant writ petition may be disposed of directing 5 respondents No. 1 and 2 to consider the representation if so made by the petitioner, strictly in accordance with law. 4. On the other hand, learned State counsel opposes. He submits that direction was issued in the bunch of writ petitions preferred by the petitioners of those cases. He further submits that petitioners were not a party to those petitions, therefore, no such direction can be issued in favor of petitioners. 5. I have learned counsel for the parties and perused the material available on record. 6. Taking into consideration the fact that in para 23 of order dated 05.09.2024 passed in WPS No. 1898/2018 and other connected matters, petitioners/ candidates who were eligible up to 03.10.2015 were permitted to make representations/ submit their forms before respondents No. 1 and 2, therefore, in the opinion of this Court, petitioners may be granted similar relief. 7. Accordingly, petitioners are permitted to submit a representation before respondents No. 1 and 2, who in turn are directed to consider the same strictly in accordance with law. 8. With the aforesaid observation(s) and direction(s), instant writ petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha