Harish Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1311 of 2021

1. Harish Kumar S/o Madhumangal Parasad, Aged About 28 Years R/o HN-64, Mandal Para, Near Narang Halal Mill, Mahuda District Durg Chhattisgarh

2. Om Prakash Kashyap S/o Viromani Kashyap Aged About 29 Years R/o HN-09, Mungjhar, Gariyaband, Deobhog, Chhattisgarh

3. Chandrika Sahu D/o Sujan Singh Sahu Aged About 39 Years R/o Azad Chauk, Ward No. 13, Ramnagar, Supela, Bhilai, District Durg Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh

2. Director, Public Instructions, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh

3. Collector, Gariyaband, District Gariyaband, Chhattisgarh

4. District Education Officer, Gariyaband, District Gariyaband Chhattisgarh ---- Respondents For Petitioners : Shri Anadi Sharma, Advocate. For State : Shri Rahul Jha, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 23.03.2021

1. The present is a writ petition whereby the petitioners are claiming for an appropriate direction to the respondents for considering their claim for appointment as Atithi Shikshak in terms of the order of the State Government dated 02.08.2019 and 24.06.2019.

2. The contention of the petitioners is that the petitioners herein have worked as Vidya Mitan during the period from 2016 till 2019. However, thereafter their services have been discontinued. According to the petitioners, similarly placed persons earlier had filed a writ petition i.e. WP(S) 7811/2019, which got disposed off on 01.10.2019 whereby this Court taking into consideration Clause-1 of the said circular of the State Government dated 02.08.2019 directed the authorities to consider and decide the claim of the petitioners in terms of the circulars of the State Government.

3. According to the petitioners, thereafter, there has been no further development taken till date in spite of there being an order of this Court and they have therefore come to this Court for a fresh direction to the respondents.

4. Considering the fact that this Court had in the past passed a similar order in a series of writ petitions of identical nature, this Court at this juncture is inclined to pass an order to the extent that the present petitioners' case be considered by the respondents No. 2 & 4 for being appointed as Atithi Shikshak in terms of any advertisement or recruitment drive which the respondents have initiated in District Gariyaband and subject to the petitioners fulfilling the minimum eligibility criteria including educational qualification, the case of the petitioners be considered in-terms of the policy of the State Government itself wherein they have mentioned that Vidya Mitaan would be given priority.

5. Let a decision be taken by the respondents 2 & 4 in respect of the petitioners at the earliest preferably within a period of 60 days from the date of receipt of copy of this Order.

6. It is made clear that the petitioners, in addition to their claim that they have already made, would also be at liberty to file a fresh representation to the respondents 2 & 4 who in turn may consider the claim of the petitioners for any recruitment to be made for the next academic session unless the circular stands modified or amended.

7. The present writ petition accordingly stands disposed of. Sd/- (P. Sam Koshy) Judge Khatai