CHHATTISGARH PRIVATE SCHOOL MANAGEMENT ASSOCIATION v. STATE OF CHHATTISGARH
WPC/899/2025 · 2025-03-03
Shri Bibhu Datta Guru
body2025
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[ 2025 DAILYLAW 8694 (CHH) · dailylaw.ai ]
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[ 2025 DAILYLAW 8694 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:10391
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1145 of 2025 1 Chhattisgarh Parents Welfare Association Society (An Association Registered Under The Chhattisgarh Societies Registration Act, 1973 Having Its Registration No. 122201973910 Dated 06-02-2019), Having Its Registered Office At Gowri Nagar, Street No. 02, Ward No. 14, District Rajnandgaon, Chhattisgarh- 491441, Through Its Authorized Signatory Shri. Krishtopher Paul, State President, Cg Parents Association. --- Petitioner(s) versus 1 Union Of India Through Its Secretary, Ministry Of Law And Justice (Legislative Department / Ministry Of Education Department Of School Education And Literacy) 2 State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh. 3 The Director Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh 4 District Education Officer Raipur, Chhattisgarh
2 / 5 5 District Education Officer Bilaspur, Chhattisgarh 6 District Education Officer Durg, Chhattisgarh
--- Respondent(s) WPC No. 1158 of 2025 1 Bilaspur Private School Management Association (As Association Registered Under The Chhattisgarh Societies Registration Act, 1973 Having Its Registration No. 122201936676 Dated 13.09.2019), Having Its Registered Office At Brilliant Public School, Mission Hospital Road, Bilaspur, District Bilaspur, Chhattisgarh, Through Its Authorized Signatory Shri. Praveen Agrawal State President)
---Petitioner(s) Versus 1 Union Of India Its Secretary, Ministry Of Law And Justice (Legislative Department/ministry Of Education (Department Of School Education And Literacy). 2 State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh. 3 The Director, Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh. 4 District Education Officer, Bilaspur, Chhattisgarh. --- Respondent(s)
3 / 5 WPC No. 899 of 2025 1 Chhattisgarh Private School Management Association Through Its President And Authorized Signatory Shri Rajiv Gupta Aged About 53 Years Having Its Office At Jd Daga Higher Secondary School Premises Civil Lines Raipur (C.G.)
---Petitioner(s) Versus 1 State Of Chhattisgarh Through The Secretary Department Of School Education Mahanadi Bhawan Atal Nagar Nava Raipur (C.G.) 2 The Director Directorate Of Public Instructions Indravati Bhawan Atal Nagar Nava Raipur (C.G.)
--- Respondent(s) For Petitioners : Shri Ashish Shrivastava, Senior Advocate along with Shri Sharad Mishra and Ms. Hiya Sonchhatra, Advocate For Respondent/ State : Shri Prafull N. Bharat, Advocate General along with Shri R.K. Gupta, Addl. A.G. For Respondents/ Union Of India : Shri Tushar Dhar Diwan, Ms.
Anmol Sharma and Shri Bhupendra Pandey, Advocate HON’BLE SHRI BIBHU DATTA GURU, JUDGE
Order on Board 03/03/2025
4 / 5 Heard.
1. By the present writ petitions, the petitioners who are the associations namely; C.G. Parents Welfare Association, C.G. Private School Management Association and Bilaspur Private School Management Association, registered under the C.G. Societies Registration Act, 1973 are seeking quashment of impugned memo dated 03.12.2024, 31.01.2025 and 10.02.2025 to the extent that the government has decided to conduct centralized/board examinations for students of class 5th and 8th in all government and non-government school in the State of Chhattisgarh for academic year 2024-2025.
2. Learned counsel for the petitioners would submit that the decision of implementation of the Right of Children to Free and Compulsory Education Act, 2009 to conduct centralized/board examination for class 5th and 8th during the middle of academic session will cause irrepealable loss to the students and hence the memo dated 03.12.2024, 31.01.2025 and 10.02.2025 deserve to be quashed.
3. Learned Advocate General on instructions submits that as far as the implementation of the circular dated 03.12.2024, 31.01.2025 and 10.02.2025 is concerned, the government has taken decision not to implement the same in all the
5 / 5 private and non government schools, however option will be given to all the private and non-government schools to implement the same during the current academic year as per their choice.
4. I have heard learned counsel for the parties and perused the documents annexed.
5. In view of the submission made by the learned Advocate General that the State authorities has taken decision not to implement the same in all the private and non government schools, however option will be given to all the private and non-government schools to implement the same during the current academic year as per their choice, at this stage, all the writ petitions are disposed off, reserving liberty in favour of petitioners to file a fresh writ petiiton, if cause of action arises.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
7. With the aforesaid observation, all the writ petitions stand
disposed off. Sd/- (BIBHU DATTA GURU)
JUDGE Jyoti