HIGH COURT OF CHHATTISGARH. BILASPUR DIVISION BENCH CORAM: HON'BLE MR. T.P. SHARMA AND HON'BLE MR. R.N. CHANDRAKAR, JJ. Review Petition No.45 of 2011 Awadh Ram Verma and others - Versus - State of Chhattisgarh and others ORDER FOR CONSIDERATION HON'BLE MR. JUSTICE R.N. CHANDRAKAR 3 e(-4^>?_«e-e_ Sd/- T.P. Sharma Judge 19-7-20T1- Sd/- R.N. Chandrakar Judge 19-7-2011 Post for pronouncement of order on 19l" Julv. 2011 th Sd/- T.P. Sharma Judge iy-/-zui i •^ HIGH COURT OF CHHATTISGARH. BILASPUR DIVfSION BENCH CORAM: HON'BLE MR. T.P. SHARMA AND HON'BLE MR. R.N. CHANDRAKAR, JJ. PETITIONERS: ./ ^. Review Petition No.45 of 2011 1. Awadh Ram Verma aged about 49 years, S/o Late Shri Netram Verma, Posted as Head Master Middle School, Government Middle School Saddu, Block Dharsinwa, DistrictRaipur (CG) 2. Malkham Verma aged about41 years, S/o Late Shri Girwar Verma, Posted as Head Master Middle School, Government Middle School Mandhar Colony, Block Dharsinwa, District Raipur (CG) 3. Jitendra Kanoje aged about 37 years, S/o Late Shri S.L. Kanoje, Posted as Head Master Middle School, Kashiram Sharma Government Higher Secondary School Bhanpuri, Block Dharsinwa, District Raipur (CG) 4. Aurag Ojha aged about 38 years, S/o Late Shri S.K. Ojha, Posted as Head Master Middle School, Government Middle School Tendua, Block Dharsinwa, District Raipur (CG) 5. Rajesh Kumar Sharma aged about 50 years, S/o Late Shri Sharda Prada Sharma, Posted as Head Master Middle School, Government Middle School Kara, Block Dharsinwa, District Raipur (CG) 6. Murari Prasad Verma aged about 48 years, S/o Shri Kuleshwar Prasad Verma, Posted as Head Master Middle School, Government Middle School Mohdi, Block Dharsinwa, District Raipur (CG) 7. Vijay Kumar Tiwari aged about 52 years, S/o Late Shri Ramdyal Tiwari, Posted as Head Master Middle School, Government Middle School Aama Sivni, BIock Dharsinwa, District Raipur (CG) 8. Rajesh Kumar Sahu aged about 45 years, S/o Shri Bhau Ram Sahu, Posted as Head Master Middle School, Government Middle School Bharenga, Block Abhanpur, District Raipur (CG) ^-fl^ •^ !^^y ^^y^- 9. 10. RESPONDENTS: (^ (Petitioner in WPS No.4818/2010) (Petitioner in WPS No.4876/2010) (Petitioner in WPS No.4876/2010) (Petitioner in WPS No.5979/2010) 4. (Petitioner in WPS 7. No.5979/2010) (Petitioner in WPS No.5979/2010) 8. (Petitioner in WPS No.5881/2010) Chandra Shekhar Verma aged about 52 years, S/o Shri Jethuram Verma, Posted as Head Master Middle School, Government Middle School Khilora, Block Abhanpur, District Raipur (CG) Kumari Sushila Verma aged about 41 years, D/o Shri Bhojram Verma, Posted as Head Master Middle School, Government Middle School Ganiyari, Block Tilda, District Raipur (CG) Versus State of Chhattisgarh, Through the Secretary Department of School Education, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) District Education Officer, Raipur (C.G.) Raipur District Bhagirathi Baghel, S/o Shri Daulal Baghel, aged about 48 years, Assistant BEO, Fingeshwar, District Raipur (CG) Thanoo Ram Verma, S/o Late Shri Baghel, aged about 46 years, Upper Division Teacher, R/o C-68, Rishabh Amlideeh, Raipur District Raipur (CG) Rajendra Kumar Chandrakar, S/o Shri B.L. Chandrakar, aged about 46 years, R/o Near Tiwari Nursing Home, Abhanpur, District Raipur (CG) Mohit Kumar Mishra, S/o Shri S.K. Mishra, aged about 45 years, Upper Division Teacher, Government Middle School Hathkhoj, Block Fingeshwar, District Raipur (CG) Chandra Shekhar Mishra, S/o Shri L.L. Mishra, aged about 46 years, Upper Division Teacher, Government Girls Middle School Beltukari, Block Fingeshwar, District Raipur (CG) Hukum Lal Sinha, S/o Shri P.L Sinha, aged about 47 years, Upper Division Teacher, Government Middle School Barbhata, Block Fingeshwar, District Raipur (CG) Makhan Lal Dhurandhar, S/o Late Shri H.R. Dhurandhar, aged about 53 years, Upper Division Teacher, Higher Secondary School Korasi, Block Arang, District Raipur (CG) (B> '< i; i i. ;-..;^^ (€::. ^; (Petitioner in WPS No.5881/2010) (Petitioner in WPS No.5881/2010) (Petitioner in WPS No.5881/2010) 10. Chinta Ram Nimtariha, S/o Late Shri S.L. Nimtariha, aged about 54 years, Upper Division Teacher, Government Middle School Ghorbhatti, Block Arang, District Raipur (CG) 11. Mahesh Kumar Verma, S/o Late Shri D.R. Verma, aged about 56 years, Upper Division Teacher, Higher Secondary School Kosrangi, Block Arang, District Raipur (CG) 12. Sitaram Yadav, S/o Late Shri R.L. Yadav, aged about 53 years, Upper Division Teacher, Government Higher Secondary School Kharora, Block Tilda, District Raipur (CG) (Application for review) Present: Mr. Jitendra Pali, counsel for the petitioners. Mr. Kishore Bhaduri, Additional Advocate General for the State/ respondents No.1 &2. ORDER (19th July, 2011) The followina order ofthe Court was passed bv T.P. Sharma. J: - 1. By this petition, the petitioners have prayed for review of the order dated 5-4-2011 passed in W.P.(S)Nos.4818/2010, 4876/2010, 5979/2010 and 5881/2010 whereby without impleading the petitioners herein as party, the Court has declared the rules ultra vires and has quashed the advertisement issued by the Department concerned. 2. We have heard Mr. Jitendra Pali, learned counsel for the petitioners and Mr. Kishore Bhaduri, learned Additional Advocate General for the State/ respondents No.1 &2. 3. By filing the aforesaid writ petitions, parties to the petitions have challenged the vires of Entry No.2 of Column No.7 of Sr. No.3 of Schedule-11 appended with the Chhattisgarh School EducationGazetted Service (School Level Service) Recruitment and Promotion Rules, 2008. By the order dated 5-4-2011, this Court has quashed the aforesaid entry and the advertisement subsequent to the aforesaid entry/rules in which the petitioners herein have not been made party, though the petitioners /•^,. £;^:^ ./l:'i^ \i \- /\^-.v ^ ''^;?'^. -'- ^' <:'- herein were successful candidates in such selection process. As per claim of the petitioners, the aforesaid order adversely effects the rights of the parties and while passing such order, grievance of the parties, the petitioners herein, and the law applicable have not been considered. On the aforesaid ground, the instant review petition has been filed on behalf of the petitioners. 4. Mr. Jitendra Pali, learned counsel for the petitioners, submits that the petitioners herein have not been heard in the aforesaid writ petitions and their right has been adversely effected by the order and, therefore, the petitioners have right to file review of the said order. He placed reliance in the matter of Japani Sahoo v. Chandra Sekhar Mohanty, (2007)7 SCC 394, in which the Supreme Court has held that at the time of interpreting subsidiaryrules and deciding vires the Court is required to interpret a provision which would help sustaining the validity of law by applying the doctrine of reasonable construction rather than making it vulnerable and unconstitutional by adopting rule of litera legis. He further placed reliance in the matter of Assam Co. Ltd. and another v. State of Assam and others, (2001) 4 SCC 202, in which the Supreme Court has held that at the time of interpreting the statutes, basic rules of contextual construction are required to be applied. 5. On the other hand, Mr. Kishore Bhaduri, learned Additional Advocate General appearing on behalfofthe State/respondents No.1 & 2,opposes the petition and submits that while deciding the writ petitions under Article 226 of the Constitution of India, this Court has declared the provisions ultra vires and in case of declaration of any provision ultra vires, review is not permissible. Mr. Kishore Bhaduri further submits that special leave petition has been filed before the Supreme Court and permission to file SLPs has been granted by the Supreme Court in Special Leave to Appeal (Civil) CC Nos.9529-9555/2011 vide order dated 3-6-2011 and, therefore, it would not be just and proper to review the order, it is the subject matter of appeal before the Supreme Court. 6. Para 28 of the order dated 5-4-2011 reads as follows: - "On the basis of aforesaid discussion, we quash Entry No.2 of Column No.7 of Sr. No.3 of Schedule-11 appended with the Chhattisgarh School Education Gazetted Service (School Level Service) Recryitment and Promotion Rules, 2008. Consequently, the advertisements issued by the respective District ^ ^ • ^ .<; i^ /-^/)]/ ••••:^^" ® Education Officers of the concerned Education Districts for the post of Headmaster Middle School also stand quashed." 7. Vide order dated 5-4-2011 the provisions contained in Entry No.2 of Column No.7 of Sr. No.3 of Schedule-11 appended with the Chhattisgarh School Education Gazetted Service (School Level Service) Recruitment and Promotion Rules, 2008, have been declared ultra vires and the subsequent advertisement issued on the basis of the said provisions have been quashed, same is subject matter of appeal before the Supreme Court. Vide order dated 3-6-2011 permission to file SLPs has been granted by the Supreme Court and the Supreme Court has also granted interim relief in the following manner: - ^ "If anything is done in the meanwhile, that will be subject to the outcome of these special leave petitions." 8. Considering the order passed by this Court, especially declaration of the provisions ultra vires and pendency of matter before the Supreme Court in which the Supreme Court has takencognizance in the matter and has granted permission to file SLPs, we do not find any ground for re-hearing of the case under the garb of review. Consequently, the review is dismissed in limine. Sd/- T.P. Shanna Judge Soma Sd/- R.N. Chandrakar Judge ^-