Shobhana Sahu Vs Shammi Abidi

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2025:CGHC:780

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CONT No. 719 of 2022

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Shobhana Sahu D/o Gajanand Aged About 30 Years Occupation- Guest Teacher (T.G.T. Maths) Government Eklavya Adarsh Avasiya Vidyalaya, Bhoring, Dist.Mahasamund, (C.G.) R/o Raja Seviya Khurd, Near Anjani School, Pithora, District - Mahasamund, Chhattisgarh.

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... Petitioner

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versus

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Shammi Abidi Commissioner, Chhattisgarh State Level Tribal Welfare, Awasiya, Evam Ashram Shaikshnik, Sansthan Samiti, Indravati Bhawan, Atal Nagar, Nawa, Raipur, District- Raipur, Chhattisgarh.

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L.R. Kurre Assistant Commissioner, (Tribal Development Department) District- Mahasamund, Chhattisgarh.

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Nilesh Kumar Mahadev Jhirsagar The Collector, Office Of The Collector, District- Mahasamund, Chhattisgarh.

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Tulendra Kumar Sagar Principal Government Eklavya Adarsh Avasiya Vidhyalaya, Bhoring, DistrictMahasamund, Chhattisgarh.

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... Respondents

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For Petitioner : None. For Respondents : Ms. Anuja Sharma, Advocate.

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Digitally signed by HEERA LAL SAHU Date: 2025.01.06 18:17:46 +0530

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Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board

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06/ 0 1 / 2025

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Heard on admission.

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The present petition is filed against the non-compliance of the order dated 16.06.2022 passed by this Court in Writ Petition (S) 3962/2022 (Shobhana Sahu Vs. State of Chhattisgarh & Others).

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Order of this Court dated 16.06.2022 passed in WPS No. 3962/2022 reads as under:-

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“Considered on the submissions, taken into consideration the judgment of this Court in the case of Kumari Anju Thakur (supra) I am of this view that the protection should be granted. Hence, it is ordered that the proceeding on the advertisement dated 27.085.2022 AnnexureP/1 shall remain stayed until the next date of hearing so far it related to the faculty for which, the petitioner is claiming relief in this petition”

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Learned counsel for the respondents submits that no contempt is made out for the reasons that the Hon’ble High Court passed the said order on 16.06.2022 whereas the advertisement for teachers on a temporary basis at Eklavya Adarsh Avasiya Vidyalaya, Bhoring, District – Mahasamund was issued in the Month of May, 2022, and the process of selection was concluded in the first week of June, 2022, i.e. prior to the order passed by this Hon’ble High Court on 16.06.2022. Office of the Commissioner, Chhattisgarh, State Level Tribal Welfare Residential and Educational Institutions Committee passed an order dated 29.04.2022

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for resuming the regular functioning of the Eklavya Adarsh Avasiya Schools after COVID-19 outbreak especially for 6^th to 9^th class students therefore, selection of the teachers (temporary) were concluded by 7^th June, 2022. A copy of the merit list of the candidates is annexed herewith as Annexure-R-3 and a copy of the order dated 29.04.2022 is annexed herewith as Annexure-R-4.

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In view of the submissions made by the counsel for the respondents and the material available on record, it is clear that the selection process for the teachers (temporary) was concluded by 07.06.2022 i.e. before the stay order passed by this Court on 16.06.2022 in WPS No. 3962/2022. An affidavit of Commissioner, SC & ST Development Department, Indrawati Bhawan, Nava Raipur, District Raipur (C.G.), L.R. Kurrey the than Assistant Commissioner (Tribal Development Department), Nilesh Kumar Mahadev Jhirsagar the than the collector, District - Mahasamund and Tulendra Kumar Sagar the than Principal, Government Eklavya Adarsh Avasiya Vidhyalaya, Bhoring, District Mahasamund (C.G.) have also been attached to this effect.

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In view of the above, no contempt is made out against the respondents. Accordingly, this petition is dismissed at the motion stage itself.

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Sd/-

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(Sanjay Kumar Jaiswal) Judge

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H. L. Sahu

Shobhana Sahu v. Shammi Abidi

Case brief

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Shobhana Sahu v. Shammi Abidi

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