Manoj Kumar Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2284 of 2021

1. Manoj Kumar Nishad S/o Moti Lal Nishad, Aged About 37 Years R/o Ward No. 14, Subhash Chowk, Ambagarh Chowk, District Rajnandgaon (Chhattisgarh)

2. Chhabilal Sahu S/o Dwarka Prasad Sahu, Aged About 32 Years R/o Sheo-Mandir, Indira City, Ward No. 4, Dongargarh, District Rajnandgaon Chhattisgarh ---- Petitioners

Versus

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

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

3. Collector, Kanker, District Kanker Chhattisgarh

4. District Education Officer, Kanker, District Kanker Chhattisgarh ----Respondents For the Petitioner :

Mr. Hashmander Rastogi, Advocate For the State :

Ms. Hamida Siddiqui, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board /04/2021

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 petitioner is that all the petitioners herein have worked as Vidya Mitaan during the period from 2016 till 2019. However, thereafter their services have been discontinued. According to the petitioner, similarly placed persons herein 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 petitioners, thereafter, there has been no further development taken till date in-spite 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 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 Kanker and subject to the petitioners fulfilling the minimum eligibility criteria including educational qualification, the case of the petitioners 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 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 petitioner in-addition-to their claim that they have 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 Parul