Writ petitions seeking direction to absorb Jan Bhagidari Teachers as Shiksha Karmis upon school upgrade were dismissed. The Court held appointments were made by local Samitis, not the State, without statutory rules, negating legitimate expectation of absorption.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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AMENDED PETITION
MTHEHIGHCOURT OF JUDICATURE CHHATTISGAIUI
./' AT BILASPUR
W.P.NO. 2397 / 2006
PETITIONERS 1) Jan-Bhagidari Shikshak Sangh
Dhamtari Unit, duly register &
•^ affiliated with 'Shaskiya Unnayan
Shala Shikshak Sangh Chhattisgarh
.-I, Samiti (Registration No. CG State-
590, dated 09.06.2004), Through its
President, Tikeshwar Prasad Pandey
S/o Shri Raj Kumar Pandey; Aged
about 25 years, R/o Village Dhimar
Tikur, PO Jhiriya, Tahsil & District-
Dhamtari, (CG).
2) Tikeshwar Prasad Pandey S/o Shri
Raj Kumar Pandey; Aged about 25
years, President, Jan-Bhagidari
Shikshak Sangh Dhamtari Unit,
Dhamtari, R/o Village Dhimar
Tikur, PO Jhiriya, Tahsil &
District-Dhamtari, (CG)
3) Jayant Kumar Shau S/o Hiralal
rt°
;1 Sahu, Aged about 36 years, Co-
£^^i°9^ ordinator, Jan-Bhagidari Shikshak
4.^' Sangh Dhamtari, Unit, Dhamtari
!;;v
^ R/o Village Angara, PO Dahi,
^r^^ ^^€ Tahsil 8s District-Dhamtari, (CG)
^ Versus
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^ RESPONDENTS 1) State of Chhattisgarh - Through
6' d> the Secretary, School Education
fl Department, DKS Bhavan,
WRn^PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA
\ ^
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.No. 5092 of 2006
PETITIONERS Gurucharan Sahu and another.
Versus
RESPONDENTS State of Chhattisgarh and others.
W.P.No.2397of2006
PETITLONERS Jan-Bhagidari Shikshak Sangh Dhamtari
Unit and others
Versus
RESPONDENTS
State of Chhattisgarh and others.
W.P.No.2818of2006
PETITIONER
Ankur Ram Baghel.
Versus
RESPONDENTS
State of Chhattisgarh and others.
W.P. No.2841 of 2006
PETITIONERS
Shashkiya Unnayan Shala Shikshak
Sangh, Chhattisgarh and another.
Versus
RESPONDENTS
The State of Chhattisgarh and another.
W.P.No. 3675 of 2006
PETITIONERS
S.R. Sahu and others.
Versus
RESPONDENTS State of Chhattisgarh and others.
W.P.No. 5720 of 2006
PETITIONERS
Budheshwar Lal Dewangan and others.
Versus
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RESPONDENTS The State of Chhattisgarh and others.
AND
W.P.No. 5748 of 2006
PETITIONERS Santosh Kumar Bairagi and others.
Versus
RESPONDENTS The State of Chhattisgarh and others.
Shri Awadh Tripathi, Shri D.N. Prajapati, counsel for the respective petitioners. Shri Y.S. Thakur, Dy. Advocate General with Shri Rakesh Jha, Govt. Advocate for the State.
SINGLE BENCH : HON'BLE SHRI PRASHANT KUMAR MISHRA, J. ORAL ORDER (05/12/2013)
Petitioners have preferred these writ petitions for direction to the respondents to appoint them or the members of the petitioner-Association who are working as Jan Bhagidari Shikshak as Shiksha Karmi of different grades as per their qualification. They have also prayed for issuance of direction to the State Government not to upgrade/promote the Primary, Middle and High Schools as the Govt. Middle, High and Higher Secondary Schools with further prayer to not to discontinue the services of the Jan Bhagidari Teachers in the garb of re-upgradation of the schools.
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continued as Jan Bhagidari Teachers and later on the Schools have been re-upgraded by the State Govt. they have legitimate expectation of continuation of service and their discontinuance or non-consideration for absorption as Shiksha Karmi amounts to violation of principles enshrined in Article 14 and 16 of the Constitution of India. According to them the petitioners were selected by the concerned Jan Bhagidari Samiti pursuant to a selection process, therefore, they cannot be treated as backdoor entrant, therefore, when the Schools were upgraded and taken over bythe Govt. the respondents should have taken over/absorbed the services of the petitioners.
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which was extended for further Academic Session in some cases. When the State Govt. decided to upgrade the Schools regular Teachers were appointed and the services of the petitionere were automatically discontinued.
Sd//Prashant Kumar Mishra Judge
^
L.
3 issues framed by the court
Whether petitioners appointed by Jan Bhagidari Samiti have a legitimate expectation of regularization upon school upgrade.
Whether the State Government violated Article 14 and 16 by not absorbing Jan Bhagidari teachers into upgraded schools.
Whether the High Court can direct regularization of teachers appointed without statutory rules.
Colour shows how this judgement treated each authority
Secretary, State of Karnataka and others Vs. UmadeviReferred¶65
(2006) 4 SCC 1 · Who else cites this
3 provisions across 1 enactments
Jan-Bhagidari Shikshak Sangh Dhamtari Unit and others
State of Chhattisgarh and others
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
