DR. JITENDRA KUMAR DWIVEDI v. STATE OF CHHATTISGARH
WPS/3728/2026 · 2026-04-28
Shri Parth Prateem Sahu
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9790 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9790 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:19788
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3679 of 2026 1 - Dr. Jagrani Pushpa Kujur D/o Late Patras Kujur, Aged About 58 Years Posted As Assistant Professor Govt. Ram Bhajhan Rai N.E.S. P.G. College, Jashpur Nagar, District Jashpur ( C.G.)
--- Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Higher Education Department, Mantralaya Atal Nagar, New Raipur District Raipur (C.G.) 2 - The Under Secretary ( Up-Sachiv) Department Of Higher Education, Government Of Chattisgarh, Mantralaya, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 3 - The Commissioner, Department Of Higher Education Government Of Chhattisgarh, Indravati Bhawan / Directorate Of Higher Education, Atal Nagar, Naya Raipur, District Raipur (C.G.) 4 - The Principal, Ram Bhajhan Rai N.E.S. P.G. College, Jashpur Nagar, District Jashpur (C.G.) 5 - Chhattisgarh Public Service Commission (P.S.C.) Through Its Secretary, North Block, Sector-19, Atal Nagar Naya Raipur, District Raipur (C.G.)
--- Respondents WPS No. 3713 of 2026
2 1 - Dr. Shailendra Kumar Thakur Son Of Shri Shriram Thakur Aged About 63 Years Posted As Assistant Professor, Govt. Dr. Khubchand Baghel Postgraduate Bhilai- 3 District- Durg (C.G.)
---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Higher Education Department, Mantralaya Atal Nagar, New Raipur, District- Raipur (C.G.) 2 - The Under Secretary (Up-Sachiv) Department Of Higher Education, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - The Commissioner Department Of Higher Education, Government Of Chhattisgarh, Indravati Bhawan /directorate Of Higher Education, Atal Nagar, Naya Raipur, District Raipur (C.G.) 4 - The Principal Govt. Dr. Khubchand Baghel Postgraduate Bhilai-3, District - Durg (C.G.) 5 - Chhattisgarh Public Service Commission (Psc) Through Its Secretary, North Block, Sector-19, Atal Nagar, Naya Raipur, District Raipur (C.G.)
--- Respondents WPS No. 3728 of 2026 1 - Dr. Jitendra Kumar Dwivedi S/o Shri Shiv Shankar Dwivedi Aged About 58 Years Working As Assistant Professor, Govt.
Niranjan Kesharwani Collecge, Kota, District - Bilaspur (C.G.)
---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Higher Education Department, Mantralaya Atal Nagar, New Raipur, District - Raipur (C.G.) 2 - The Under Secretary ( Up-Sachiv) Department Of Higher Education, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District - Raipur (C.G.)
3 3 - The Commissioner Department Of Higher Education, Government Of Chhattisgarh, Indravati Bhawan / Directorate Of Higher Education, Atal Nagar, Naya Raipur, District Raipur (C.G.) 4 - The Principal Govt. Niranjan Kesharwani College, Kota, District - Bilaspur (C.G.) 5 - Chhattisgarh Public Service Commission (Psc) Through Its Secretary, North Block, Sector- 19, Atal Nagar, Naya Raipur, District Raipur (C.G.)
--- Respondents WPS No. 3722 of 2026 1 - Dr. Mathura Prasad Rohni S/o Late Nanhi Lal Rohni Aged About 60 Years Working As Assistant Professor, Dr. Bhawar Singh Porte Govt. P.G. College, Pendra, District G.P.M. Chhattisgarh
---Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Higher Education Department, Mantralaya Atal Nagar, New Raipur, District Raipur Chhattisgarh 2 - The Under Secretary (Up Sachiv) Department Of Higher Education, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 3 - The Commissioner Department Of Higher Education, Government Of Chhattisgarh, Indravati Bhawan/ Directorate Of Higher Education, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh 4 - The Principal Dr. Bhawar Singh Porte Govt. P.G. College, Pendra, District G.P.M. Chhattisgarh 5 - Chhattisgarh Public Service Commissioner (P S C ) Through Its Secretary, North Block Sector - 19, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh
--- Respondents For Petitioner : Mr. Rudra Pratap Dubey, Advocate For Respondents-State : Ms. Poorva Tiwari, Panel Lawyer For Respondent No. 5/PSC : Mr. Anand Mohan Tiwari, Advocate and Mr. Sudeep Agrawal, Advocate
4 SB:
Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 29/04/2026
1. As common issue has been raised in all these writ petitions by petitioners, therefore, they are being heard together and disposed of by this common order.
2. For convenience of this Court, WP (S) No. 3679 of 2026 is taken as lead case, in which following reliefs have been sought:-
“10.1 The Hon’ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondents to decide the pending repre- sentation of petitioner dated 02.09.2026 (An- nexure P-5), within stipulated period. 10.2 The Hon’ble Court may kindly be pleased to direct the respondents to immediately con- sider the petitioner for promotion to the post of Professor with all consequential benefits includ- ing arrears of pay, seniority and other retiral benefits. 10.3 The Hon’ble Court may kindly be pleased to pass such other order(s) or direction(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.”
3.
Learned counsel for petitioners submit that petitioners were not promoted on the post of Professor from the post of Assistant Professor considering the ACR which was not communicated to petitioners enabling them to made representation. He contended that respondents-authorities could not have taken into consideration ACR of petitioners which were not communicated at the time of consideration of their name for promotion. In support of his contention, he places reliance upon the case of Dev Dutt vs. Union of India reported in (2008) 8 SCC 725. Petitioners have submitted representation raising his grievance before Respondent No. 1 on 01.09.2025 and 02.09.2025 which is pending consideration and therefore at this stage he is not pressing this writ petition on merit and only seeking direction to consider and take decision on the representation at the earliest within specific time
5 frame. He further submits that petitioner may also be permitted to submit fresh representation to be considered by the concerned authorities along with pending representation.
4.
Learned counsel for respective respondents submit that in view of the limited prayer made by learned counsel for petitioners, they are having no objection.
5. On due consideration of the submission of learned counsel for the respective parties, this writ petition at this stage is dispose of permitting the petitioners to submit fresh comprehensive representation along with all relevant documents before Respondents No. 1 & 5 and if such a representation is submitted, concerned authority shall consider and take decision on the representation to be submitted by petitioners, in accordance with law, expeditiously, preferably within a further period of 02 months from the date of receipt of representation.
6. Accordingly, with the aforesaid observation and direction, this writ petition is
disposed of. Sd/- Sd/- (Parth Prateem Sahu)
Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY