CHHATTISGARH PRIVATE SCHOOL MANAGEMENT ASSOCIATION v. THE UNION OF INDIA
WPC/5926/2025 · 2026-02-19
Shri Naresh Kumar Chandravanshi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17239 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17239 (CHH) · dailylaw.ai ]
Judgment text
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1
2026:CGHC:9160
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5926 of 2025 Chhattisgarh Private School Management Association Through Its President And Authorized Signatory- Shri Rajiv Gupta, Aged About 55 Years, Having Its Office At Jd Daga Higher Secondary School Premises, Civil Lines, Raipur, Chhattisgarh.
... Petitioner versus 1 - The Union Of India Through Its Secretary, Ministry Of Law And Justice (Legisla- tive Department / Ministry Of Education (Department Of School Education And Liter- acy) 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. 5 - District Education Officer Gariyaband, Chhattisgarh.
... Respondent(s) For Petitioner : Mr. Ashish Shrivastava, Sr. Adv. with Mr. Ashish Shrivastava and Mr. Ishan Rathore, Adv. For Respondents No. 1 : Ms. Anmol Sharma, Adv. Digitally signed by AVANISH KUMAR PATHAK Date: 2026.02.25 11:55:10 +0530
2 For respondents No. 2 to 5. : Mr. Shobhit Mishra, Dy. Govt. Adv. Mr. Vikram Tiwari appears in person as intervenor. Hon'ble Shri Justice Naresh Kumar Chandravanshi
Order On Board 20-2-2026 1 The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking quashment of order (Annexure P-1) dated 10-6-2025 and letter / memo dated 25-6-2025 and 6-5-2025 (Annexure P-2 Colly.) to the extent, the Government has decided to conduct centralized / Board examination for students of class 5th and 8th in all government and non-government schools in the State of Chhattisgarh for academic year 2025-2026. 2 Learned Sr. counsel appearing for the petitioner would submit that the impugned order (Annexure P-1) dated 10-6-2025 whereby the Government of Chhattisgarh has taken decision to conduct Centralized/ Board examination for the students of Class 5th and 8th in all Government schools / private schools is contrary to the provisions of Section 30 of the Right of Children to Free and Compulsory Education Act, 2009 (henceforth referred to ‘the Act’) whereas it has been specifically mentioned in Section 30(1) of the Act that “No child shall be required to pass any Board examination till completion of elementary education.”. 3 In reply, learned counsel appearing for the State would submit that, in Clause 11 of the impugned order, it has been specifically mentioned that, the Centralized examination for students of Class 5th and 8th will be applicable only to government and non-government schools of CG
3 Board. On instruction, learned counsel for the State gives an undertaking that impugned order (Annexure P-1) is not applicable to the schools of CBSE Board or ICSE Board of the State of Chhattisgarh. 4 I have heard learned counsel for the parties and perused the material available on record. 5 Having considered the contentions made by learned counsel appearing for the State and particularly the undertaking given by him that the impugned order (Annexure P-1) dated 10-6-2025 is not applicable to the schhol of CBSE / ICSE Board, nothing remains in instant writ petition. Further it has been specifically mentioned in the impugned
order itself that the impugned orrder will be applicable for the students of 5th and 8th to the government / non-government schools of CG Board. Therefore, this writ petition is disposed of in the light of the undertaking given by learned counsel for the State. 6 Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge pathak