Puranik Lal Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 30 of 2021 • Puranik Lal Chandrakar, S/o Late Jhumuk Lal Chandrakar, aged about 80 years, Retired Upper Division Teacher, R/o Village Chandkhuri, Block Durg, P.S. Pulgaon, District Durg (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through: The Secretary, Department of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

2. Chhattisgarh Board of Secondary Education, Through: Its Secretary, Office at Raipur, District Raipur (C.G.)

3. Chhattisgarh Textbook Corporation, Office at Board of Secondary Education Premises, Pension Bada, Raipur, District Raipur (C.G.)

4. State Council of Educational & Research & Training, Chhattisgarh, Through : Its Director, Office at Shankar Nagar, Raipur, District Raipur (C.G.)

5. District Education Officer, Durg, District Durg (C.G.) ---- Respondents For Petitioner :

Shri Praveen Kumar Dhurandhar, Advocate.

For Respondents/State :

Shri Ashish Tiwari, Government Advocate.

Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Narendra Kumar Vyas, Judge Order on Board Per P. R. Ramachandra Menon, Chief Justice 25.03.2021 1.

The Petitioner has moved this Court with the following prayers: "(i) This Hon'ble Court may kindly be pleased to direct the respondent authorities to direct the respondents authorities to include chapter "O;kdj.k" in syllabus of Hindu Subject for Class-10, which has illegally not been given place in the syllabus for the year-201819, 2019-20.

(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to include "O;kdj.k" in the coming syllabus of year-2021-22 for subject Hindi for Class-10th, which is going to be issued in Month of June-2021.

(iii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to take positive decision over the representations of petitioner (Annexure P-7).

(iv) Any other relief which the Hon'ble Court deems fit under the facts and circumstances of the case may kindly be granted to the petitioner."

2.

Heard Shri Praveen Kumar Dhurandhar, the learned counsel appearing for the Petitioner as well as Shri Ashish Tiwari, the learned Government Advocate representing the State.

3.

The sum and substance of the grievance projected herein is with regard to the necessity to include "O;kdj.k" also as part of the syllabus for the studies for the classes concerned. The learned counsel submits that the grievance has already been taken up before the concerned Authorities including the 4th Respondent by filing Annexure P/7 representation. The learned counsel submits that 4th Respondent is the Competent Authority. It is stated that the Petitioner will be satisfied, if a direction is given to the said Respondent to have it finalized after affording an opportunity of hearing to the Petitioner. 4.

In the said circumstance, this Court does not find it necessary to go into the merits of the case. More so, in view of the law declared by the Supreme Court in P.M. Bhargava & Others vs. University Grants Commissions & Another reported in (2004) 6 SCC 661.

5.

The writ petition is disposed off directing the 4th Respondent to consider Annexure P/7 and pass appropriate orders in accordance with law; of course, after affording an opportunity of hearing to the Petitioner. This shall be done, as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment.

6.

The Petitioner is directed to produce a copy of the judgment alongwith a copy of the writ petition before the 4th Respondent for further steps. Sd/- Sd/- (P. R. Ramachandra Menon) (Narendra Kumar Vyas) Chief Justice Judge Brijmohan