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2026 DAILYLAW 38552 (CHH)

PRASANNA KERKETTA v. STATE OF CHHATTISGARH

WPS/7203/2026 · 2026-10-04

Shri Bibhu Datta Guru

body2026

Judgment text

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1 / 3 CGHC010383942026 2026:CGHC:42981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7203 of 2026 Prasanna Kerketta W/o Pradeep Kerketta Aged About 53 Years R/o Gandhi Nagar Ward No. 7, Ambikapur, Post Ambikapur, Tahsil And Distt- Surguja (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Secretary, Department of School Education Mahanadi Bhawan Mantralaya Atal Nagar Distt- Raipur (C.G.) 2 - The Director Public Instructions, Directorate Public Instructions Indrawati Bhawan, Naya Raipur Distt- Raipur (C.G.) 3 - District Education Officer, Ambikapur, Distt- Surguja (C.G.) 4 - Rajesh Gupta Aged About 40 Years, Presently Posted As A Principal Atmanad Utkrikat Vidhyalay Batoli Block Batoli Tahsil And Distt- Surguja (C.G.) ... Respondents For Petitioner : Mr. N.K. Malviya, Advocate For State/Respondent Nos. 1 to 3 : Mr. Suyashdhar Badgaiya, GA (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 05/10/2026 1. By way of the instant petition, the petitioner is questioning the order dated 17.09.2026 (Annexure P-1), whereby the petitioner has been placed under suspension by showing him as the Principal of Swami ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.10.05 18:25:21 +0530 2 / 3 Atmanand Government Boys Higher Secondary School, Batauli, District Surguja. 2. Learned counsel for the petitioner submits that the petitioner is presently working as the Principal of Government Boys Higher Secondary School, Batauli, District Surguja, and, therefore, the very basis of the impugned order of suspension is factually incorrect. Learned counsel further submits that the financial heads of the two schools are also different. It is contended that the petitioner has been suspended by showing him as the Principal of Swami Atmanand School and, therefore, the impugned order has been passed without proper application of mind by the competent authority. 3. Per contra, learned State counsel, on the basis of written instructions, received from the office of the District Education Officer, Ambikapur dated 01.10.2026 submits that the Government Boys Higher Secondary School, Batauli was converted into Swami Atmanand Government Boys Higher Secondary School in the year 2021 and the petitioner is functioning as the Principal of the said Swami Atmanand School. It is, therefore, submitted that there is no illegality in the impugned order of suspension merely because the school has been referred to by its present nomenclature. The copy of the written instructions dated 01.10.2026 is taken on record. 4. I have heard learned counsel for the parties and perused the documents. 5. Having considered the submissions made by learned counsel for the parties and having regard to the instructions placed before the Court by 3 / 3 learned State counsel, this Court finds that the Government Boys Higher Secondary School, Batauli was converted into Swami Atmanand Government Boys Higher Secondary School in the year 2021 and the petitioner is functioning as the Principal of the said school. Thus, the ground raised by the petitioner that he has been shown as the Principal of a different school does not, at this stage, warrant interference with the impugned order of suspension. However, the petitioner is at liberty to avail the remedy of appeal before the competent appellate authority under Rule 23 of the applicable Service Rules, raising all the grounds available to him. 6. With the aforesaid liberty, the present writ petition stands disposed of. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu