1 2026:CGHC:14227 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2772 of 2026 1 - Amit Kumar Diwan S/o Ishwar Prasad Aged About 37 Years Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Rampur Podi, Uparda, Block- Rampur District- Korba (Chhattisgarh) 2 - Purnima Sahu W/o Onkar Sahu Aged About 31 Years Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Rampur Podi Uparda, Block- Rampur District- Korba (Chhattisgarh) --- Petitioner(s) versus 1 - Union Of India Through Its Secretary Ministry Of Tribal Affairs Rajendra Prasad Road Shashtri Bhawan, New Delhi, 2 - National Education Society For Tribal Student Through Its Commissioner Ministry Of Tribal Affairs Ground Floor Gate No. 3a Jeevan Tara Building Parliament Street New Delhi- 110001, 3 - State Of Chhattisgarh Through Its Secretary Scheduled Caste Schedule Tribe Development Department Of School Education Mahanadi Bhawan Atal Nagar, District- Raipur (C.G.) 4 - Eklavya Vidyalay Sangathan Samiti Through- Its Commissioner- Cum Secretary Scheduled Caste Schedule Tribe Development Department Block- D, Ground Floor, Indravati Bhawan Atal Nagar District- Raipur (C.G.) --- Respondent(s) (Cause title is taken from CIS system) BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 For Petitioner : Mr. Mateen Siddiqui, Advocate For Res. No.1 and 2 : Mr. Ramakant Mishra, DSGI with Mr. Tushar Dhar Diwan and Ms. Shweta Rai, Advocate For Respondents/State : Ms. Shailja Shukla, G.A. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 25/03/2026. 1. Learned counsel for petitioner submits that facts of the case are identical to the facts of the case, which was considered and decided by the Coordinate Bench of this Court in WPS No.7753 of 2023 vide order dated 13.02.2026, therefore, similar order may be passed in this case also. He also submits that petitioner may be permitted to submit representation before the respondents No.1 and 3 and direction be issued to the concerned respondents to consider and decide the same in light of the order dated 13.02.2026, passed in WPS No.7753 of 2023. 2. Learned State counsel do not dispute the submission of learned counsel for petitioner. 3. I have heard learned counsel for parties and perused the documents placed on record. 4. Writ petition bearing WPS No.7753 of 2023 was disposed of in following terms. “16. Accordingly, this Court holds that the prayer for quashment of the impugned advertisement and for direct regularisation/absorption of the petitioners cannot be granted, as the same would be contrary to the 3 settled principles of service jurisprudence and statutory recruitment framework. However, this Court cannot be oblivious to the fact that the petitioners have served in EMRS institutions for a considerable period, imparting education to tribal students in remote areas. Their experience, familiarity with the EMRS system, and contribution to the functioning of the schools cannot be brushed aside lightly. Though the petitioners do not possess an enforceable legal right to regularisation, equity demands that their experience be given due consideration. It would be unjust to completely ignore the long years of service rendered by them while undertaking regular recruitment. Therefore, while upholding the authority of the Central Government/NESTS to conduct regular recruitment, this Court deems it appropriate to issue a balanced and equitable direction in the interest of justice. 17. Consequently, it is directed that the Central Government as well as the State Government/NESTS shall reconsider the cases of the petitioners, who have served in EMRS institutions for a considerable period, and their experience shall be given due weightage/preference, as permissible under the applicable recruitment rules or policy, while considering them for re- appointment or engagement, subject to fulfillment of eligibility conditions. It is clarified that this Court has not directed regularisation or automatic absorption, but has only directed reconsideration of the petitioners’ cases by giving due importance to their experience, so that the services rendered by them are not rendered meaningless. 18. With the aforesaid observations and directions, all the writ petitions are disposed of.” 5. In the aforementioned facts of the case and the submission made by learned counsel for respective parties, this writ petition is disposed of 4 in terms of order dated 13.02.2026 in WPS No.7753 of 2023 permitting petitioner to submit representation before the respondents No.1 and 3 and in the event, petitioner submits representation, the concerned authority shall consider and decide the same as directed in the order dated 13.02.2026, passed in WPS No.7753 of 2023 expeditiously preferably within further period of two months from the date of receipt order. 6. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram