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2026 DAILYLAW 19655 (CHH)

TOPENDRA KUMAR NAG v. STATE OF CHHATTISGARH

WPS/4956/2022 · 2026-05-11

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:22225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4956 of 2022 1 - Topendra Kumar Nag S/o Radheshyam Nag Aged About 31 Years R/o House No.- 95, Gram O Alola, Post- Vijaynagar, Tehsil- Dharamjaigarh, District- Raigarh, Chhattisgarh ... 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 Sakti, District- Sakti, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Anadi Sharma, Advocate For State : Mr. Anmol Sharma, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 12.5.2026 1) The petitioner has filed this petition seeking the following reliefs: NIRMALA RAO 2 “(10.1) The Hon'ble Court may kindly be pleased to direct the respondent authority to consider the petitioner for transfer of the petitioner as giving the opportunity to submit priority/preference form to which districts he wants posting for the post of Assistant Teacher (Science) for the Districts Sarguja falling under Sarguja Divisions. (10.2) The Hon'ble Court may kindly allow the petitioner to make a representation before respondent authority for selection of districts from Sarguja Division for the post of Assistant Teacher (Science). (10.3) Grant any other writ(s), order(s), relief(s) in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2) Learned counsel appearing for the parties would jointly submit that the facts of this petition is similar to that of other bunch of writ petitions (WPS No 4644 of 2022 Suraj Prakash Sahu vs. State of CG and other connected matters) which have already been disposed of by common order dated 21-2-2023 passed by the Co-ordinate Bench of this Court, therefore, the present petition may be disposed of in terms of the order passed by the Co-ordinate Bench of this Court. 3) The Coordinate Bench of this Court while disposing of the bunch of the cases in WP(S) No.4644 of 2022 and other connected has passed the following order: 3 “4. The Coordinate Bench of this Court in W.P.(S) No. 5269 of 2022 in 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 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. In the aforementioned facts of the case and considering the submission of learned counsel for petitioners, writ petitions are disposed off permitting petitioners to submit representation before respondent No.1 and 2 and if such 4 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 petitioners at that relevant point of time.” 4) Accordingly, the present petition is disposed of in terms of the order dated 21.2.2023 passed by the Co-ordinate Bench of this Court in WP(S) No.4644 of 2022 and other connected matters. 5) Pending interlocutory application, if any, also stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Nimmi