HJGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORASVI: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRS SUNiL KUMAR SINKA, J. Appellants/ PeSitioners ^»»HW blllN||«|», Respondents Wrlt Appeal No.328/2008 1. Smt Ammba Bai Dhruve, age 32 years, W/o Shri Ram Singh Dhmve, R/o Village - Amanara, PS Boria, Distt Kabsrdham (CG), Posted at Primary Schoot Gadaghat 2. Smt Radha Bai Porte, age 40 years, W/o Dev Singh Porte, R/o Vll{age Kukrapani, PS Boria, Distt Kabirdham (CG) Posted at Primary SchooS, Jampanl 3. Smt Rukhmani Sonwani, age 30 years, W/o Shri Budhram Sonwant, R/o Kesmarda, Post - Baijalpur, PS Borla, District - Kabirdham (CG) Posted at Primary Schooi, Khurripani 4. Smt Runl Bai Uddey, age 34 years, W/o Dayai Singh Uddey, R/o Vliiage - Badanapani, Post - Baijapur, PS Borla, Distt Kabirdham (CG). Posted at Primary School, Bharlpur 5. Shri Dayai Singh Uddey, age 35 years, S/o Shri Motj Slngh Uddey, R/o Viliage - Badanapani, Post - Baijapur, PS Borta, Distt - Kabirdham (CG), Posted at Primary School, Badanapani 6. Shri Ram Singh Dhruve, age 30 years, S/o Bajariram Dhruve, R/o Village - Dhuma - Chhapar, Post - Baljatpur, Distt - Kabirdham (CG) Posted at Primary School, BA Larbakki VERSUS 1. The State of CG Through Secretary, Pandhayat & Gramin ViRas Vibhag DKS Bhawan, Raipur (CG) Collector, Distt Kabirdham (CG) 3. Chief Executive Offlcer, Janpad Panchayat Borla, Dlstt - Kabirdham (CG) 4. District Education Officer, Janpad Panchayat Boria, Dlstt Kabjrdham (CG) Writ Appeal under Section 2 (1) of the Chhattlsaarh Hiah Court (Appeal to Division BencM Act. 2006 Present : Ms Sofia Khan, iearned counsei for the appeiiants. Shri VVS Murthy, Deputy Advocate General for the State / respondents No.1, 2 & 4. ORDER (Stn December, 2009) The folio^ving order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on admission. 2) The appeltants have filed this writ appeal against the impugned order dated 22.09.2009, passed in WP(S) No.5403/2009. 3) The petitioners filed the writ petition for the following reliefs: "10.1 This Hon'bie Court may kindly be pleased to call the entire records of the case of the petition for kind perusal. 10.2Thi8 Hon'bte Court may kindly be pleased to quash the impugned order dated 16.01.2009 passed by Chief Executive Officer Janpad Panchayat Durg, Distt Kabirdham (Respondent No.3) Annexure P/10. 10.3Thi3 Hon'ble Court may kindly be pleased to direct the respondents to continue the petitioners in their servlces. 10.4Thi3 Hon'ble Court may kindly be pleased to direct the respondents to grant reasonable time for obtaining the requisite qualification. ^£ r"^, "'% ^s y ^^ 10.5Thi8 Hon'ble Court may kindly be pleased to give any appropriate direction/order in favor of the petitioner, which is deem fit in the facts and circumstances of the case. 10.6Cost ofthe petition be also considered." 4) The petitioners, thus in substance were seeking quashlng of the order dated 16.01.2009, passed by the Chief Executive Officer, Janpad Panchayat, Borla, District Kabirdham (Annexure P/10) and a further direction to the respondents to allow the petitioners to contlnue in service. 5) The petitloners initially were appointed as 'Guruji' in the year 1995 on honorarium of Rs.500/- per month. The petitloners' initial appointment was purely on temporary basis, though it was extended from time to time. In the year 2007, the petitioners were given two years' time to obtain requisite qualification of Higher Secondary School Certificate for their absorption as Teacher Gr-111. }t is not in dispute that the petitioners could not acquire the requisite quaiification of Higher Secondary School Certificate within the prescribed period. During the course of hearing, Ms Sofia Khan, learned counsel for the petitioners fairly and frankly concected that none of the petitioners has acquired the requisite qualification of Higher Secondary School Certificate tilt date. 6) The learned Single Judge, on a thorough consideration of the submissions of learned counsel for the petitioners, did not find any ground for grant of the reliefs sought by the petitioners in the writ petitlon. Learned Single Judge, therefore, dismissed the writ petition vide impugned order dated 22.09.2009. 1 .-.;-^4,;"~% •^:^&'. ..^ ^ 4 7) Ms Sofia Khan, learned counsei for the petltioners vehemently argued that the authorities have erred in granting only two years' time for obtaining the requisite quaiification of Higher Secondary Schooi Certificate. Learned counsel further submitted that the petitioners' services have been discontinued by the respondents, though they have served for a period of more than 10 years. 8) The petitioners' initial appointment as 'Guruji' was purely on temporary basis, which did not create any right in favour of the petitioners for their continuance in service. As such, no mandamus can be issued to the respondents to permit the petitioners to continue in service. 9) As the petitioners admittedly have not acquired the requisite qualificatlon of Higher Secondary School Certificate even till date, the respondents cannot be directed to consider the petitioners' appointment as Teacher Gr III. 10) For the foregoing reasons, we do not flnd any Infirmity in the impugned order whereby the appellants' writ petition was dismissed warranting interference in this intra-court appeal. 1.1) The writ appeal, therefore, is liable to be dismissed and is hereby dismissed summarity. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu