Shatruhan Dadsena v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4921 of 2018

1. Shatruhan Dadsena S/o Shri B L Dadsena Aged About 55 Years Headmaster Middle School Block Pandariya District Kabirdham Chhattisgarh.

2. Ravichand Chandase S/o Shri Saharik Ram Chandase Aged About 47 Years Headmaster Middle School Block Pandriya District Kabirdham Chhattisgarh.

3. Ramshankar Rajput S/o Jethu Singh Aged About 55 Years Government Middle Higher Secondary, Pandrikala Block Pandriya District Kabirdham Chhattisgarh.

4. Sudharam Sahu S/o Bhagwanta Sahu Aged About 54 Years Middle School, Hathmudi Block - Pandriya District Kabirdham Chhattisgarh.

5. Ram Kumar Sahu S/o Ramlal Sahu Aged About 50 Years Middle School Makari, Block Pandriya District Kabirdham Chhattisgarh.

6. Mahesh Kumar Chandrakar S/o Mayaram Chandrakar Aged About 58 Years Middle School Basni Block Pandriya District Kabirdham Chhattisgarh.

7. Radhelal Patel S/o Chhurvai Aged About 50 Years Middle School Dhodharapura Block Pandriya District Kabirdham Chhattisgarh.

8. Lalluram Patel S/o Kaliram Patel Aged About 51 Years Head Master Middle School Raitapara Block Pandriya District Kabirdham Chhattisgarh.

9. Gopi Ram Patel S/o Shri Chaitu Ram Patel Aged About 51 Years Head Master Middle School Kavratola Block Pandriya District Kabirdham Chhattisgarh.

10.Deepak Singh Thakur S/o Manharana Singh Thakur Aged About 49 Years Head Master Khairmuti Purana Block Pandriya District Kabirdham Chhattisgarh.

---- Petitioners

Versus

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

2. Director Public Instruction Department Indravati Bhawan Naya Raipur District Raipur Chhattisgarh ---- Respondents For Petitioners :

Shri Shreyankar Nandy, Advocate on behalf of Shri Anoop Majumdar, Advocate.

For State :

Shri Siddharth Dubey, Dy. Government Advocate. Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Order on Board Per P.R. Ramachandra Menon, Chief Justice 25/07/2019

1. The petitioners have approached this Court with the following prayers :- "10.1 It is therefore prayed that the impugned entry in column no.7 of serial no.1 Scheduled II of Chhattisgarh School Education Gazetted (School Level) Service Recruitment and Promotion Rules, 214 may be declared as ultra vires and accordingly to be set aside.

10.2 That the respondent may be directed to consider the headmaster middle school of education department for promotion to the post of principal of fulfilling request qualification.

10.3 That any other relief, which this Hon'ble Court may deem fit and proper together with the cost of the petition.

2. The State has filed their return to the effect that the challenge against the Chhattisgarh School Education (Gazetted) (School Level) Service Recruitment and Promotion Rules, 2014 is no more relevant, insofar as, the State has taken a conscious decision and the Rules have been amended by bringing forth "Chhattisgarh School Education Services (Education and Administrative Cadre) Recruitment and Promotion Rules, 2019", by virtue of which, the post of Headmaster has been brought under feeder category for promotion to the post of Principal.

3. Learned counsel for the petitioners submits that in view of the turn of events, the matter has become infructuous. No further adjudication is necessary at the hands of this Court.

4. Accordingly, the writ petition is dismissed as having become infructuous. Sd /- Sd /- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Jamal/Pawan