SSSSSS'SL Q ^,^oa( 0 INTHE HIGH COI%T OF JUTOCATURE OF CHHAmSGARH AT BILASPUR W.P^NO, 2T7-3-3 / 2006 PETITIONER ;;''<•*.,. ''"^•^ -<y^ S-. ii^l'^ft ^•^o^ ^ ^ / 1) Onkar Prasad Choubey .. .«-i S/o. Hori Lal Choubey ...-i*^y,^ aged 46 years R/o. Village Mudghusari, Dist. Kawardha (C.G.) ,2) Vedu Sahu S/o. Thanu Sahu aged 42 yr. R/o. Village Manikchauri Dist.Kawardha , 3) Suraj Kaushik S/o. Raniji Kaushik aged 42 yr. R/o. Vill. Jhu-auni, Dist. Kawardha / 4) Santosh Chandravanshi S/o. Amoli Chandravanshi aged 35 yr. R/o. Vill. Dehri Dist. Kawardha (C.G.) / 5) Bhuneshwar Yadav S/o. Aghari Yadav aged 30 yr. R/o. Vill. Dhamaki, Dist. Kawardha (C.G.) / 6) Hari Chandra Nayak S/o. Loknath Nayak aged 45 yr. Vill. Dhumabhata, Distt. Kawardha (C.G.) /7) Maya Ram Khadiya S/ o Nanhu Khadiya aged 48 yr. R/o. Vill Rajghata Distt. Kawardha(C.G.) ^ 8) Prakash Sahu S/o. Tulasi Sahu aged 43 yr. R/o. Vill. Iraikala Dist. Kawardha (C.G.) -9) Pokl-ianSahuS/o.KawalRamSahu aged 44 yr. R/o. Vill. Mohadi Dist. Kawardha (C.G.) /10) Laxmi Rathore S/o. Shyam Lal Rathore aged 43 yr. R/o. VUlage Paseed Dist. Janjgir-Champa (C.G.^ ,11) Khem Nath Patel S/o. Ramdhan Patel aged 38 yr. R/o. VUlage Amaldeeh Dist. Janjgu'-Champa WS/M ^^ •^ ^^^gs^i^^jS ssss ^. y ,^' :i:2;. ,^.12) Pi^eep CfaandrEi S/o.Jieevaii S Chandra e^ed 41 yr. R/ o. Village Gobrabhata Dist. Kawardha (C.G.) /13) Bishi Keshan Patel S/o. Gulab Patel aged 39 yr. R/o. Vill. Radhapur Dist. Janjgir-Champa (C.G.) /14) Gauri Ratre S/o. Tharida Ratre aged 48 yr. R/o. Vill. Malkharaud Dist. Kawardha (C.G.) / 15) Balaram. S/o. Babulal Kaushik aged 38 yr. R/o. Vill. Thakurain Tola , Dist. Kawardha (C.G.) /1.6] Ghanshyani Singh S/o. Harihar Singh aged 43 yr. R/o. Village Newari Dist. Kawardha (C.G.) /17) Bhanu Pratap S/o. Ram Jhool Kaushik aged 38 yr. R/o. Vill. Badaura Dist. Kawardha (C.G.) yl8) Devcharan S/o. Sadhu Sahu aged 35 yr. R/o. Vill. Manikchauri Dist. Kawardha (C.G.) /19) Sugreev Chandravanshi S/o. aged 42 yr. R/o. Vill. Dhararapura Dist. Kawardha (C.G.) / 20) Smt. Kamla Dewangan S/o. K.L. Dewangan aged 54 yr. R/o. Vill. Gudhiyari, Dist. Raipur (C.G.) , 21) Manharan Prasad Rathore S/o. Ganpat Lal Rathore aged 35 yr. Village Paseed Dist. Janjgir- Champa (C.G.) / 22) SudarshanSingh Sahu S/o. Sampat Lal aged 40 yr. R/o. Vill Gastideeh Dist.Janjgir-Cham.pa. y 23) Rakesh Kumar Gaur S/o. Makrand aged 39 yr. R/o. Vill. Bhothideeh Dist. Dhamtan (C.G.) y24) PukuRam Sahu S/o. Lakhan Lal aged 45 yr. R/o. Village Bhendri Dist. Dhamtari (C.G.) ^25) Gautani Prasad Soni S/o. Shyam Ratan aged 45 yr. R/o. Village Kareli Badi Dist. Dhamtari (C.G.) /' \ A. -t. BESPONDBNTS •j s'.'' -^ ^:^ v^- ^ ..3.. 26) Tagendra Singh Chauhan S/o.Tekam smgh aged 35 yr. R/o. Vill. Madeli Dist. Dhamtri 27) Shankar Lal Sahu S/o. Gulab Ram Sahu aged 42 yr. R/o. Kanainuka, Dist. Dhamtari (C.G.) 28) Davendra Singh Rajput S/o. Chandu Lal Sing aged 45 yr. R/o. Dongurdula Dist.Dhamtari VERSUS 1) State of Chhattisgarh Through the Secretary Department of Panchayat and Social Welfare, D.K.S. Bhawan, Mantralaya, Raipur , 2) State of Madhya Pradesh Through the Secretary Department of School Education, Vallabh Bhawan, Bhopal (M.P.) i 3) State of Chhattisgarh Through the Secretary Department of School Education D.K.S. Bhawan, Mantralaya, Raipur (C.G.) / 4) Union of India Through the Secretary, Department of Human Resources Development Shastri Bhawan, New Delhi. /5) Director Panchayat and Social Welfare State of Chhattisgarh Raipur (C.G.) PETmON UNDBR ARTICLE 226 OF THB CONSTITUTION OF INDIA FOR ISSUANCE OFAKPROPRIATEWRHS TO MANDAMUS AND CERTIOR^tol AND FOR OTHER SUITABLE WRITS AND DIRECTIONS :- p->-,,,.-^^-^^. ^^^i^^E ^^^ HI6H COURT OF CHHATTIS6ARH AT BILASPUR DIVISION BENCH: HON'BLE SHRI I.M.QU&&USI & HON'BLE SHRI N.K. A6AKWAL. JJ. WRIT^ETITION NQ.1893/2005 PETITIONERS RESPON&ENTS Vs Shaskiya Aupcharikettar' Shikshak San9h, Chhattisgarh <S others. Stote of C.G. & others WRIT PETITION N0.3738/2004 PETITIONERS " Aditya Pratap Singh A others Vs RESPON&ENTS State of C.6. & others WRIT PETITION N0.4991/2004 PETITIONERS Hanshnath Singh A others Vs RESPONDENT& State of C.6. & others WRIT PETITION N0.1304/2005 PETITIONERS Tejendra Singh Chouhari A others Vs RESPON&ENTS Union of India d others WRIT PETITION N0.1851/200S PETITIONER Priyanka Pawar Vs RESPON&ENTS State of C.6. <S ors WRIT PETITIQN N0.1731/2005 PETITIONERS RESPON&ENTS Vs C.6. Rajya Panchayat Vaikalpik Shik. <S others State of C.6. & others WRIT PETITION N0.1919/2005 PETITIONER Yashwant Kumar 5ahu Vs RESPON&ENTS State of C.6. & others 'F'33^ ^•\ ^' s ^ ,--0 WRIT PETITION N0.1921/2005 PETITIONERS Dr. Monish Sao A others Vs RESPONbENTS State of C.6. <& others WRIT PETITION N0.1929/2005 PETITIONER Ashok Kumar Tiwari Vs ftESPONDENTS State of C.6. & others WRIT PETITION N0.2941/2005 PETITIONERS Sharod Kuroar Ratre Vs 8ESPONDENTS State of C.6. & others WftIT PETITION N0.2733/2006 PETITIONERS Onkar Prasad Choubey A ors Vs RESPONOENTS State of C.6. & others & WRIT PETITION fsl N0.4800/2009 PETITIONERS 6autam RamYadav A another Vs RESPON&ENTS State of C.6. & others Present: ORAL ORDER (Passed on 11th August, 2010) I.M. Quddusi. J: Mr. R.S. Marhas, Mrs. Bharti Singh, Mr. M.K. Sinha, Mr. Anand Dadariya, Mr. Arun Shukla, Mr. Rahul Jha, Mr. Ajay Shrivastava, Mr. Malay K Bhaduri, For the respective petitioners in the above writ petitions Mr. Kishore Bhaduri, Additional Advocate Seneral, Mr. R. Pradhan, Standing Counsel & Miss t>ivya Banjare, Advocate For the respective respondents in the above writ petitions. ..^-^St^ ?^,,.3. .^•ss. w^.wv- ^w 'itCT»-S»"s' .3.- 1. Heard learned counsel for the parties. 2. The above writ petitions are being disposed of by this common order as the issue invplved in all these writ petitions is identicat. However, for the purpose of this order facts of Writ Petition No.1893/2005 are referred. 3. By means of this petition the petitioners had inter-alia prayed fora direction to the respondent State for cognizlng the merits of the petitioners in terms of experience and specialized training by awarding 20 marks as bonus in the process of selection as Shjksha Karmis right at the time of prescribing eligibilil-y of desirable candidates to be called for interview in requirement of Kule 5 of the Shiksha Karmi Recruitment Rules, 1997 by incorporating its amendment. 4. Brief facts of the case are that the petitioners were appointed as Supervisors or Instructors under the Non- Formal Education Scheme on different dates. The petitioners worked under the said scheme satisfactorily until its closure in the year 2000. The said scheme was substituted by a scheme known as 'Education 6uarantee Scheme' (E6S) and the teachers appointed under the said scheme has been termed as 'fiuruji'. The criteria/ qualifications for the appointment of '©uruji'are that the Instructors/Supervisors working in the Non-Formal Education Scheme shall be given priority in selection. The erstwhile State of M.P. recruited contract teachers by incorporating certain amendments in the Rule 5 of the Panchayat Shala Samvida Shikshak (Recruitment & Conditions of Service) Rules, 2001, which was adopted by the State of Chhattisgarh also at the time of reprganization of the State of M.P. The said action was chatlenged before the High Court and the High Court vide order dated 23.10.2002 V,, 'sa'ca"^ ^.. 'Vt^'y CY declared the amended Rules, 2001 as uttra vires and set aside the appointments. After creation of State of Chhattisgarh, the post of *6uruji' has been converted into 'Samvida Shjkshak' (contract teachers)and thereafter, the respondent State nuthorities advertised for recruitment of contract teachers ignoring the clnim of the petitioners herein by introducing amended rules i.e. C.G. Panchayat Shala Samvida Shikshak (Recruitment & Conditions of Service) Rules, 2004. The said action of the State was challenged by filing writ petitions before this Court and this Court vide order dated 28.1.2005 the same were quashed being ultra vires to the provisions of Constitution of India. The respondent State of Chhattisgarh vide notification No.296 dated 11.8.04 in the note under Schedule-II relaxation of 8 years for the post of contract teachers has been provided to the instructors/supervisors working the Non-Formal Educatjon Scheme. However, no bonus marks have been awarded for the Instructors & Supervisors of the Non-Formal Education Scheme, whereos in the Panchayat Shala Samvida Shikshak (Recruitment & Conditions of Service) Rules, 2002 twenty bonus marks are reserved for the Instructors & Supervisors of the Non-Formal Education Scheme. 5. Before entering into the merits of the case, we huive been informed by Mr. Bhaduri, learned Additional Advocate 6eneral for the State that on the representation of the concerned persons, the Hon'ble Chief Minister has referred the matter with a direction to consider the matter accbrding to the provisions prevailing in the State of Madhya Pradesh in respect of appointment of contract teachers. In pursuance to that the Under Secretary, School Education Department. 6ovt. of Chhattisgarh has written o vide letter WISSSBVSWfSW^f. ^ ^:- E Ss'i:^ ^ ''-^'^h' \\, ^t*B. •-^i-t-n \s s^ bearing No.Fl-160/2Q09/20-Ek ftaipur dated 6.7.2010 to the Additional Chief Secretary, ©ovt. of C.G., Department of Panchayat and Rural Development and in which it has been mentioned that directions have been issued by the Chief Minister on the proposal of the Directorate of Public Education and order passed by the ©overnmentof Madhya Pradesh dated 05.10.2009 regarding appointment of the Instructors and Supervisors on the post of contract teacher on the similar lines. Along with said letter, the Under Secretary has also sent the copy of letter dated 11.6.2010 received from the ISirjectorate of Public Education, Madhya Pradesh for necessary action. 6. In view of above, we expect thiat a qiMck decision will be taken and therefore, without any comments, we dispose of this writ petition with a direction to the State ©overnment to take decision as expeditiously as posiible latest by 31s December, 2010,subject to moving application for extension, if required, giving reasons for the same. 7. Needless to mention that if the petitioners feel aggrieved by the decision of the State ©over'nment,it will be open for them tb take recoyrse of law against the same. 8, A gpp^.of this order be placed in the other connected writ petin&ns. 9. Cei'll'i^jiedtcopy as per rules. Sdf- I.M. Quddusi Judge Sdf- N.K. Agarwial Judge Roshan/-