Jaiprakash Yadu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1810 of 2021 • Jaiprakash Yadu S/o Khuma Singh Aged About 29 Years R/o Ward No. 06, Tawera District Balod Chhattisgarh ---- Petitioner

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 Nawa Raipur District Raipur Chhattisgarh

3. Collector Sukma District Sukma Chhattisgarh

4. District Education Officer Sukma District Sukma Chhattisgarh ---- Respondents For Petitioner :

Mr. Anadi Sharma, Advocate For State :

Ms. Akansha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 24.03.2021

1. The present is a writ petition whereby the petitioner is 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 petitioner is that the petitioner herein has worked as Vidya Mitaans during the period from 2016 till 2019. However, thereafter his service has been discontinued. According to the petitioner, 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 and 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 petitioner, thereafter, there has been no further development taken till date inspite-of there being this 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 petitioner's 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 Sukma and subject to the petitioner fulfilling the minimum eligibility criteria including educational qualification, the case of the petitioner be consider 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 No. 2 & 4 in-respect-of the petitioner 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 petitioner in-addition-to his claim that he has made, would also be at liberty to file a fresh representation to the respondents No. 2 & 4 and who 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 Vishakha