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2026 DAILYLAW 18734 (CHH)

PRAMOD KUMAR SHARMA v. STATE OF CHHATTISGARH

WPS/2077/2021 · 2026-03-19

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:13475 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2077 of 2021 * - Pramod Kumar Sharma S/o Late Sudarshan Sharma, Aged About 50 Years R/o Masturi, District Bilaspur, Teacher Government Middle School Koni, Block Masturi, District Bilaspur Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Chhattisgarh School Education Department, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh 2 - Director Rajiv Gandhi Shiksha Mission, Board Office Composite Building, Pension-Bada, Raipur, District Raipur Chhattisgarh 3 - Chief Executive Officer/ District Project Director, Rajiv Gandhi Shiksha Mission, Bilaspur, District Bilaspur Chhattisgarh 4 - District Education Officer, Bilaspur, District Bilaspur Chhattisgarh 5 - Principal, Higher Secondary School, Itwa, Post Masturi, District Bilaspur Chhattisgarh 6 - District Mission Coordinator, Rajiv Gandhi Shiksha Mission, Bilaspur, District Bilaspur Chhattisgarh 7 - Shri Jagmohan Koshle, S/o Late Alekhram Koshle, Aged About 32 Years Asst. Teacher, Government Primary School, Itwa, Masturi, District Bilaspur Chhattisgarh ... Respondents For Petitioner : Mr. Ashutosh Trivedi, Advocate For Respondents No. 1, 4 & 5/ State For other respondents : : Mr. Rajkumar Gupta, Additional Advocate General None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 20/03/2026 1. The petitioner has filed this petition seeking the following relief(s):- “10.I That, the Hon’ble Court may be kind enough to call for the records pertaining to the suspension of the petitioner by the respondents. Digitally signed by RAMESH KUMAR VATTI Date: 2026.03.23 15:12:40 +0530 2 10.II That, the impugned list dated 08/03/2021 (Annexure P/2) passed by the respondent no. 03 be set-aside. 10.III That, the Hon’ble court may be kind enough to direct the respondent no. 03 to appoint the petitioner in place of respondent no. 07. 10.IV That, any other relief deemed to be fit sought by the Hon’ble Court in the in interest of justice.” 2. Mr. Ashutosh Trivedi, learned counsel appearing for the petitioner would submit that the petitioner is holding the post of Upper Division Teacher in the School Education Department and presently he is posted at Government Middle School, Koni, Block Masturi, District Bilaspur. He would contend that applications were invited for post of Cluster Coordinator. He would submit that as per procedure prescribed for filling up of the post of Cluster Coordinator, the Principal of Cluster would prepare a panel of 03 Teachers and forward it to District Selection Committee composed of the District Education Officer, District Mission Coordinator and Principal of concerned Cluster. He would submit that though the name of the petitioner was included in the list prepared by the Principal, but his name was not considered, rather name of respondent No. 7, who was Assistant Teacher was considered. He would contend that according to guidelines, Assistant Teacher was not competent to be appointed against post of Cluster Coordinator. He would pray for a direction to the respondent authorities to consider the name of the petitioner for said post. 3. On the other hand, Mr. Rajkumar Gupta, learned Additional Advocate General for the State would oppose. He would submit that the selection process has already been completed and the petitioner has not challenged appointment order of the teacher, who has been appointed 3 as Cluster Coordinator. He would submit that the petition is misconceived and same deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents annexed with the instant petition. 5. The applications were invited to fill up the post of Cluster Coordinator in the month of February, 2021. This petition was filed on 16.03.2021 and an interim order was passed in favour of the petitioner on 10.06.2021, wherein it has been observed that any appointments that are made shall be subject to the outcome of this petition. 6. As per guidelines, the Upper Division Teacher and Headmaster would be competent to be appointed against the post of Cluster Coordinator. The name of the petitioner, who is Upper Division Teacher was in panel sent by the Principal of the Institution, but his name was not considered and name of Assistant Teacher was considered by the Selection Committee. 7. Be that as it may, taking into consideration the dispute involved in the present case, the petitioner is permitted to make a representation before the respondents No. 2, 4 and 5 within a period of 45 days from today and in turn, the respondent authorities are directed to decide the representation strictly in accordance with the guidelines preferably within a period of 180 days. 8. With the aforesaid direction(s) and observation(s), this petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti