IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILAsPUR (c.G.) W.P.(‘S) NO. 69/é) ,V .7 ,r [2010 PETITIONERS Vishnu Kant Sharma Aged about 42 years S/o Jageshwar Prasad Sharma Presentw posted as Shiksha Karmi grade III Naveen Primary School, GangajaL District— Janjgir Champa R/o-Village Gangajal, Post—Misda (Navagarh). Tehsil- Navagarh District- Janjgir Champa (C.G.) 2) Jagat Ram Yadav Aged about 35 years S/o Manira‘rh Yadav Presently Posted as Shiksha Karmi grade III, Naveen Primary School Misda District- Janjgir Champa R/o-Vill and Post Misda, Tehsil— Navagarh District-Janjgir Champa 3) Goverdhan Kashyap Aged about 43 years S/o Kanhaiya Kashyap ~ Presently Posted as Shiksha Karmi grade III, at Naveen Primary Schooi, Hardi, District- Janjgir Champa District- Janjgir Champa R/o-Village Hardi, ‘Tehsil- Navagarh District Janjgir Champa 4) Smt Brahaspati Bai C2) w vAged about 33 years W/o Gandhi Lal Presently Posted as Shiksha Karmi grade III, at NaveenPrimary School, Mudhpar District— Janjgir Champa R/o—Vill and post Amora, Tehsil- Navagarh District-Janjgir Champa (C.G.) y. 5) Laxman Prasad Kashyap Aged about 34 years S/o Kartik Ram Presently posted as Shiksha Karmi grade III, Govt. Primary School, Sheori Narayan District- Janjgir Champa R/o-Vill and post Rlngani (Selkhan) Tehsil- Navagarh District— Janjgir-Champa y 6) Mohan Lal Chandra Aged about 42 years S/o R.S. Chandra Presently Posted as Shiksha Karmi grade III, Navven Primary School, Kirit District— Janjgir Champa R/o—Viil and post Kirit Tehsil— Navagarh District—Janjgir-Champa 7)/’ Manmohan Lal Aged about 37 years S/o Mallu Ram Presently Posted as Shiksha Karmi grade III, Naveen Primary School, Khisora. District— Janjgir Champa R/o- Vill and Post Khisora 8) 9) e» 11) / Tehsil—Navagarh District-Janjgir Champa Smt. Prabhavati Rathore Aged about 37 years W/o Krishna Kumar Rathore Presently Posted as Shiksha Karmi grade III, Naveen Primary School, Bhadesar. District- Janjgir Champa R/o- Vill & Post Bhadesar, Tehsil-Navagarh District- Janjgir Champa Teras Ram Banjare Aged about 40 years S/o Ramnath Banjare Presently Posted as Shiksha Karmi grade III, Goyt. primary School, Khairtal District°- Janjgir Champa R/o— Vill Tulsi, Post-Bhatali 'Tehsil-Navagarh District—Janjgir Champa z 10) /. Ramdhan Shrivas Aged about 39 years S/o Thanuram Presently Posted as Shiksha Karmi grade III, Naveen Primary School, Mudhpar District— Janjgir Champa R/o-Vill and Post Mudhpar (Khisora), Tehsil-Navagarh District— Janjgir Champa \ Sika’nd‘er Khan Aged'about 43 years S/o— M.N. Khan 12) 13) Presently Posted as Shiksha Karmi grade III, Naveen Primary School Khairtal. District— Janjgir Champa R/o-Vill ano Post Khairtal Tehsil-Navégarh District— Jahjgir Champa Lomash Ram Shrivas Aged about 43 years S/o- Narottam Lal Shrivas Presently Posted as Shiksha Karmi grade III, Naveen primary School, Rachabhata (Navagarh) District— Janjgir Champa R/o- Vill and Post Rachabhata (Navagarh), Tehsil-Navagarh District- Janjgir Champa / , Mohanlal Shrivas Aged about 39 years S/o-Dukhu Ram Shrivas Presently Posted‘as Shiksha Karmi grade III, Naveen Primary School, Bargaon District- Janjgir Champa R/o-Vill and Post Bhatali Tehsil-Navagarh District- Janjgir Champa 14) Dewendra Kumar Sahu Aged about 34 years S/o— Mohanlal Sahu Presently Posted as Shiksha Karmi grade III, Naveen Primary School, Dhaneli District- Janjgir Champa R/of'yili and Post Mehanda Tehsil-Navagarh District- Janjgir Champa 15) / 17) 18) Uttara Kumar Pandey Aged about 43 years S/o Late Brinda Prasad Pandey Presently Posted as Shiksha Karmi grade III, Govt. Higher Secondary School, Kera District- Janjgir Champa ,R/o- Vill and Post Kera Tehsil—Navagarh District— Janjgir Champa 16). f Mahendra Kumar Pandey Aged about 39 years S/o- Bharat Lal Pandey Presently Posted as Shiksha Karmi grade III, Govt. Primary School, Kutra. District- Janjgir Champa R/o- Vlll and Post Kutra Tehsil—Navagarh District- Janjglr Champ / a Dillp Kumar Sahu Aged about 38 years ” S/o- Lachhlram Sahu Presently Posteed as Shlksha Karmi grade III, Naveen primary School, Bodhsara. District— Janjgir \ Champa R/o- Vill and Post Bodhsara Tehsil—Navagarh District— Janjgir Champa Smt. Laxmi Bareth Agadvébout 34 years W/o: Same lal Bareth Presently Posted as Shiksha Karmi grade III, Naveen Primary School, @ (:®‘¢ Banari. District- Janjgir Champa R/o- Vill and Post Banari Tehsil—Navagarh District- Janjgir Champa / 19) Deepak Kumar Kashyap Aged about 35 years S/o- Shambhu Sharan Kashyap Presently Posted as Shiksha Karmi grade III, Naveen Primary School, Podhi. District- Janjgir Champa R/o- Vill and Post Godhana Tehsil—Navagarh 5 \v} District- Janjgir Champa / 20) Ramesh Kumar Banjare Aged about 31 years S/o- BundmRam Banjare Presently Posted as Shiksha Karmi grade III, Naveen primary School, Semara Di'strlct- Janjgir Champa R/o- Vill and Post Semara Tehsil—Navagarh District— Janjgir Champa VERSUS ’ . i RESPONDENTS 1. State of Chhattlsgarh Through the Secretary, Department of Education, D.K.S Bhawan, Mantralaya, Raipur (C.G.) 2. Secretary Pangh‘ayat and Rural Department DK/S Bhawan Mantralaya, Raipur (C.G.) @ District Education Officer District Janjgir Champa (C.G.) Director Public Instructions Secretariat, Raipur (C.G.) PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRITS OF MANDAMUS AND CER!IORARI AND FOR QTHER SUITABLE WRITS AND DIRECTIONS: KL HIGH COURT OF CHHATTIBGARH AT BILASPUR SB : HON’BLESHRI JUSTICE PRITINKER DIWAKER wrap) no. 6765 12010 PETITIONERS Vishnu Kant Sharma 8t. Others RESPONDENTS State of C.G. 85 Others WRIT PETYI‘ION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Shxi Matcen Siddiqui, counsel for the petitionars. Shn' Praveen Das, Dy. G.A. for the State. ORDER (24. 1 1 .20 10) Grievance of the petitioners in this pen'tion is that initiany they were appointed as Conuact Teacher Grade I,“ 8r. III and thereafter as Shiksha Karmi Grade I, II & Ill but they am not being pcrmitted to appear for the post of Head Master on the ground that they do not have the experience of seven years as Shiksha Karmi. 2. Counsel for the respondents/State submits that now the government has taken a decision to permit all those Shiksha Karmis who have the experience of seven years either on the post of Conuact Teacher or on the post of Shiksha Karmi and thexefore, there remains nothing in the present petition. He has shown the letter dated ‘19.11.2010 issued by the Director, Public Instructions, Raipur addressed to the Advocate General. Copy of the said letter has been given to Shti Siddiqui also and he is satished with the same. Counsel for the petitioners submits that the examination for the post of head \ masmr is scheduled for 28.11.2010 at. 29.11.2010 and as the petitioners apprehend that they may not be permitted to appear in the same, a direetion may be issued {to the competent authority to permit them to appear in the said examination. ’Xc \\\ iv ‘ \ \ / ( 3. State counsel subunts that the apprehensmn of the petmoncrs 1s prematurc and 1f they have duly filled m the apphcauon forms, the authonty concerned would act pursuant to the dealsmn taken by the State Government vide letter dated 19. 11.2010 4. In the facts and cimumsmnces of the case, as nothing sumves 1n the pentmn 1t 1s dlsposed of “nth a direction to the competent authonty to permJt the pehnoners to appear 1n the exammanon to be held on 28.11.2010 8s 29.11.2010 for the post of Head Master pulsuant to the decision taken by the State Government subject to the veritication of the fact that the petitioners have hlled in their forms and the same have been duly accepted by the authority eoncerned. If the gnevance of the pehttoners 31111 smvwes, they would be at hbcrty to approach th1s Court K, Sd/_ Pritinker Diwaker Judge X 3X 1