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2026 DAILYLAW 11104 (CHH)

CHANDAN KUMAR KASHYAP v. STATE OF CHHATTISGARH

WPS/5771/2022 · 2026-03-24

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:14347 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5771 of 2022 1 - Chandan Kumar Kashyap S/o Amarnath Kashyap, Aged About 31 Years R/o Near Sunrise School Ghutra Para, Ambikapur, District Sarguja, Chhattisgarh. 497001. ... Petitioner(s) 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. 3 - District Education Officer, Bemetara, District Bemetara Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner/s : Shri Faisal Akhtar, Advocate. For Respondents/ State : Shri Abhyuday Tripathi, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 25 .03.2026 1. During the course of hearing, learned counsel for petitioner placed on record the order passed by Coordinate Bench of this Court dated NIRMALA RAO 2 04.08.2022 in (W.P.S No. 5269 of 2022) and submits that the Court has made certain observations directing the Director Public Instructions to develop a mechanism to protect the interest of petitioner therein. The grievance of the petitioner in the present writ petition is identical to that raised in W.P.(S)No. 5269 of 2022. He submits that at this stage, the petitioner may be permitted to submit a representation before respondent No.1 and in-turn, respondent No.1 be directed to take a decision on the same within a specified time. 2. Learned State Counsel submits that, with regard to the order dated 4.8.2022 passed in WP(S) No 5269 of 2022, as placed on record by counsel for the petitioner, instructions are still awaited. However, he further submits that since the petitioner is not pressing this writ petition on merits and is only seeking liberty to submit a representation to be considered by respondent No.1, he has no objection. 3. I have heard learned counsel for parties and perused the documents placed on record. 4. Coordinate Bench of this Court, in W.P.(S) No. 5269 of 2022, by 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 3 Districts on account of interim protection granted by this court, therefore, they 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. Considering facts of the case and submission of learned counsel for petitioner, the writ petition is disposed of permitting the petitioner to submit a representation before respondent Nos. 1 and 2. If such a representation is submitted, respondent 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 petitioner at that relevant point of time. CC as per rules. Sd/- (Rakesh Mohan Pandey) Judge Nimmi