1 2026:CGHC:24642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8431 of 2023 Smt Varsha Sahu W/o Mr Dumendra Kumar Sahu, Aged About 39 Years Post - P.G.T. (Chemistry), Eklavya Aadarsh Aavasiya Vidhyalaya, Lamkanhar, Antagarh, District Uttar Bastar (Kanker) Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Department Of Tribal Welfare, Mantralaya, Naya Raipur Chhattisgarh. 2 - Secretary, Chhattisgarh State Level Tribal Welfare R/o Educational Institution Committee, Raipur Chhattisgarh. 3 - Collector, District Uttar Bastar Kanker Chhattisgarh. 4 - Rajya Stariya Chhattisgarh Adim Jati Kalyan Avasi Evam Ashram Shakshanik Sansthan Samiti, Through Aayukt Sah Paden Sachiv, Raipur Chhattisgarh. 5 - Union Of India, Through Its Secretary, Ministry Of Tribal Welfare Development Department, (EMRS Division) Jeevan Tara Building New Delhi. 6 - Nation Education Society For Tribal Students (NESTS), Autonomous Body Through Its Commissioner, Gate No. 3A, Jeevan Tara Building, Sansad Marg, New Delhi 110001 ... Respondents For Petitioner : Mr. Parag Kotecha, Advocate For Respondents 1 to 3/State : Mr. Ujjawal Choubey, Panel Lawyer For Respondents 5 & 6/UOI : Mr. Ramakant Mishra, DSGI (Hon'ble Shri Justice Naresh Kumar Chandravanshi) Order On Board 18.06.2026 BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2026.06.19 17:43:19 +0530 2 1. Heard. 2. The petitioner has preferred this petition under Article 226/227 of the Constitution of India, seeking following relief(s):- I. The Hon'ble court may be pleased to quash/ set aside the advertisement dated 28/6/23 with respect to the appointment to the post of principal. II. The Hon'ble court may be please to direct the respondents to first initiate the proceeding for consideration for promotion to the post of Principal EMRS, before going to direct recruitment. III. The Hon'ble court may further be pleased to direct the respondent authority to consider the case of the petitioner for appointment to the post of the Principal. IV. Any other relief which this Hon'ble Court deems fit and proper under the facts and circumstances of the case and in the interest of justice. 3. At the outset, learned counsel appearing for respondents 5 & 6, referring to the reply filed by them, submits that Eklavya Model Residential Schools (EMRS) are run by National Education Society for Tribal Students (NESTS)/respondent No.6, an autonomous body, functioning through its Commissioner under the Central Government. It is further submitted that, for the academic session 2023–24, 74 posts of Principal were required in EMR schools functioning in the State of Chhattisgarh. However, the State Government communicated only 37 vacancies for direct recruitment. Consequently, only 37 posts of Principal were filled through direct recruitment. Learned counsel further submits that no proposal was sent by the State Government for filling the remaining posts through promotion in accordance with the applicable Notification/Rules (Annexure-P/4), which provides that 50% of the post of Principal shall be filled by direct recruitment, 3 25% of the posts shall be filled through promotion and the remaining 25% of the posts shall be filled through Limited Departmental Competitive Examination. Thus, since no proposal was received from the State Government for filling the promotional quota posts of Principal, no advertisement in that regard was issued by NESTS/Respondent No. 6. Learned counsel, on instructions, further submits that the recruitment process initiated pursuant to the advertisement dated 28.6.2023, has already been completed and, therefore, this petition has become infructuous. However, he further submits that if respondent No.4/State EMRS Society forwards a proposal for filling the promotional post of Principal, respondent No. 6 shall initiate the requisite process in accordance with law. In this regard, the petitioner may also submit a representation before respondent No. 4. 4. Thus, since the recruitment process initiated vide Advertisement dated 28.6.2023 has already been completed and advertisement for promotional posts of Principal has not been issued due to lack of some procedural requirement which has to be initiated by respondent No.4/State EMRS Society, no useful purpose would be served by keeping the instant petition pending. Accordingly, the petition is disposed of with liberty to the petitioner to submit a representation before Respondent No. 4/State EMRS Society seeking initiation of proceedings for her promotion against the promotional post of Principal. 5. In view of the above, the petition stands disposed of. 6. It is further observed that in the event of filing of such representation by the petitioner, respondent No.4 is directed to take appropriate steps in accordance with the applicable rules, as early as possible, preferably within a period of four months from the date of receipt of the representation. Learned 4 counsel for the State is also directed to communicate about this order to respondent No.4 to ensure compliance thereof. 7. Pending interlocutory application(s), if any, stand(s) disposed of. Sd/- (Naresh Kumar Chandravanshi) JUDGE Bini