Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5355
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 825 of 2025 1 - Anurag Gupta S/o Kedar Gupta Aged About 29 Years R/o House No. 190, Pandaripani, District Jashpur Chhattisgarh.
... Petitioner versus 1 - State of Chhattisgarh Through Its Principal Secretary, Department Of School Education, Mantralaya Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh. 2 – Director, Directorate of Public Instruction, Department Of School Education, Indrawati Bhawan, Block - C, 1st Floor, Atal Nagar Naya Raipur, District Raipur Chhattisgarh.
... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Faisal Akhtar, Advocate For State/Respondents : Shri Suyashdhar Badgaiya, Dy. Government Advocate Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 29/01/2025
1. During the course of hearing learned counsel for the petitioner placed on record the order passed by a Coordinate Bench of this Court dated 04.08.2022 in W.P. (S) No. 5269 of 2022 and submits that the Court made observation Digitally signed by GOPAL SINGH Date: 2025.02.13 11:17:24 +0530
2 directing Director, Public Instructions for developing some mechanism protecting the interest of petitioner therein. The grievance of the petitioner in the present petition is also one and same as raised by the petitioner in W.P. (S) No. 5269 of 2022. Learned counsel submits that at this stage the petitioner may be permitted to submit representation before respondent No.1 and respondent No.1 may be directed to take decision on the same within a specified time.
2.
Learned counsel appearing on behalf of the respondents/State would submit that as regards the order, which is placed by learned counsel for the petitioner in W.P. (S) No. 5269 of 2022 dated 04.08.2022, instructions are still awaited. He further submits that as the petitioner is not pressing the present petition on merits and is only seeking liberty to submit a representation to be considered by respondent No.1, he is having no objection.
3. I have heard learned counsel for the parties and perused the documents placed on record.
4. The Coordinate Bench of this Court in W.P. (S) No. 5269 of 2022 in its order dated 04.08.2022, had observed as under:
"The grievance of the petitioner in this case is that the appointment of Lecturer, Teacher and Assistant Teacher for three districts namely Surguja, Korba and Bastar has been made which was challenged and stayed by this court and when the stay was in operation, State Government issued circular for submission of option form for three district. Since the stay was vacated and the petitioners have filed the instant petition with a prayer that they are residents of Districts Surguja, Korba and Bastar, but they could not submit the option form for Surguja, Korba and Bastar Districts on account of interim protection granted by this court, therefore, they
3 be allowed for submitted their option form for the relevant districts. This is practical difficulty which has to be resolved by issuing an appropriate direction to the State. Accordingly, it is
directed that the Director, Public Instructions should develop a mechanism to allow the candidates belonging to the Districts Surguja, Korba and Bastar, who have already been appointed in pursuance of the advertisement as Lecturer, Teacher and Assistant Teacher to submit their option for posting in these places and if their merit position is above the candidates who have been appointed in these districts and the vacancies are available, then they will be allowed to change their posting at these districts only. These facilities will be available for those candidates who could not submit the option in view of the stay passed by this court which was ultimately vacated and the writ petition have been dismissed by this court."
5. In the aforementioned facts of the case and considering the submission of
learned counsel for the petitioner, the instant writ petition is disposed of permitting the petitioner to submit a representation before respondents No.1 and 2 and if such representation is submitted, respondents No.1 and 2 shall consider and decide the same expeditiously keeping in mind the prevailing situation at the time of submission of options by the petitioner at that relevant point of time. Sd/-
(Amitendra Kishore Prasad)
JUDGE Gopal Singh