Nirmal Kumar Nishad Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Nirmal Kumar Nishad Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

MCC allowed to the extent of modification of the order dated 11.12.2024 in W.P.(S) No. 8133 of 2024: cause-title particulars of petitioner No. 20 rectified to Nirmal Kumar Nishad and of petitioner No. 21 rectified to Oneshwar Jhadi; rest of the terms of the original order to remain intact; MCC disposed of.

Issue for consideration

Whether the order dated 11.12.2024 passed in W.P.(S) No. 8133 of 2024 should be modified to rectify the typographical errors in the cause-title relating to the particulars of petitioner No. 20 and petitioner No. 21.

Court's answer

The order dated 11.12.2024 passed in W.P.(S) No. 8133 of 2024 contains typographical errors in the cause-title: the particulars of petitioner No. 20 were erroneously stated as those of Nawal Singh Yadav, and the particulars of petitioner No. 21 were erroneously stated as those of Nirmal Kumar Nishad.

Ratio / Principle

The order dated 11.12.2024 passed in W.P.(S) No. 8133 of 2024 is modified, and the particulars of petitioner No. 20 in the cause-title are rectified to read 'Nirmal Kumar Nishad S/o Harendra Nishad Aged About 40 Years Working As Assistant Teacher (L.B.) Government Primary School Manjharpara (Gangloor) Block Bijapur District Bijapur (C.G.)'.

Key takeaways

The particulars of petitioner No. 21 in the cause-title of the order dated 11.12.2024 are rectified to read 'Oneshwar Jhadi S/o Nanaiya Jhadi Aged About 52 Years Working As Head Master Government Primary School Chinnajojer, Block Bijapur, District Bijapur (C.G.)'.ratio¶32
Rest of the terms and conditions of the original order dated 11.12.2024 in W.P.(S) No. 8133 of 2024 shall remain intact.ratio¶33

Detailed headnote1 paragraphs

MCC No. 105 of 2025 (High Court of Chhattisgarh at Bilaspur, Rakesh Mohan Pandey, J., 03/02/2025) — Application for modification of order dated 11.12.2024 in W.P.(S) No. 8133 of 2024 — Typographical errors in cause-title — In the said order, the particulars of petitioner No. 20 were erroneously recorded as those of Nawal Singh Yadav instead of Nirmal Kumar Nishad, and the particulars of petitioner No. 21 were erroneously recorded as those of Nirmal Kumar Nishad instead of Oneshwar Jhadi — Cause-title rectified: petitioner No. 20 to read Nirmal Kumar Nishad S/o Harendra Nishad, Assistant Teacher (L.B.), Government Primary School Manjharpara (Gangloor), Block Bijapur, District Bijapur (C.G.), and petitioner No. 21 to read Oneshwar Jhadi S/o Nanaiya Jhadi, Head Master, Government Primary School Chinnajojer, Block Bijapur, District Bijapur (C.G.) — Rest of the terms and conditions of the original order to remain intact — MCC disposed of.

Digitally signed by AJINKYA PANSARE Date: 2025.02.03 14:49:08 +0530

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2025:CGHC:5959

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCC No. 105 of 2025

1. Nirmal Kumar Nishad S/o Harendra Nishad Aged About 40 Years Working As Assistant Teacher (L.B.) Goverment Primary School Manjharpara (Gangaloor), Block- Bijapur, District- Bijapur, C.G. (Petitioner No. 20)

2. Oneshwar Jhadi S/o Nanaiya Jhadi Aged About 52 Years Working As Head Master, Goverment Primary School Chinnajojer, Block- Bijapur, District- Bijapur, C.G. (Petitioner No. 21)

... Applicant(s)

versus

1. State Of Chhattisgarh Through The Secretary School Education Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, Revenue And Civil District Raipur, C.G.

2. The Secretary Panchayat And Rural Devlopment, Government Of Chhattisgarh, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, Revenue And Civil District- Raipur, C.G.

3. Director Directorate Of Public Instruction, Indrawati Bhawan Atal Nagar Naya Raipur, District Raipur, C.G.

4. The Commissioner Cum Director Directorate Of Panchayat, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur, C.G.

5. The District Education Officer Bijapur, District- Bijapur, C.G.

6. The Block Education Officer Bijapur, District- Bijapur, C.G.

... Non-applicant(s)

For Applicants	:	Mr. Palash Agrawal, Advocate
For State/ Non-applicants	:	Mr. Pramod Shrivastava, Dy. G.A

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Hon’ble Shri Justice Rakesh Mohan Pandey

Judgment On Board

03/02/2025

1. By way of the instant MCC, the applicants seek modification in the order dated 11.12.2024, passed in W.P.(S) No. 8133 of 2024 by this Court.

2. Upon perusal of the order dated 11.12.2024, it is apparent that there are typographical errors in the cause-title.

3. The particulars of petitioner No. 20 in cause-title, the phrase “ 20Nawal Singh Yadav S/o Somnath Yadav Aged About 50 years Working as Teacher (L.B.) Kanya Ashram Gangaloor, Block Bijapur, District Bijapur " was inadvertently used instead of " 20. Nirmal Kumar Nishad S/o Harendra Nishad Aged About 40 Years Working As Assistant Teacher (L.B.) Government Primary School Manjharpara (Gangloor) "

Block Bijapur District Bijapur (C.G.) .

Similarly, the particulars of petitioner No. 21 in cause-title, the phrase “ 21- Nirmal Kumar Nishad S/o Harendra Nishad Aged About 40 Years Working As Assistant Teacher (L.B.) Government Primary School Manjharpara (Gangloor) Block Bijapur District Bijapur (C.G.) ” was inadvertently used instead of “ 21. Oneshwar Jhadi S/o Nanaiya Jhadi Aged About 52 Years Working As Head Master Government Primary School Chinnajojer, Block Bijapur, District Bijapur (C.G.) ”

4. In the light of the aforementioned typographical errors, the order dated 11.12.2024, passed in W.P.(S) No. 8133 of 2024 is hereby modified and

(i ) particulars of petitioner No. 20 in cause-title of the said order is rectified and shall now be read as "20. Nirmal

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Kumar Nishad S/o Harendra Nishad Aged About 40 Years Working As Assistant Teacher (L.B.) Government Primary School Manjharpara (Gangloor) Block Bijapur District " Bijapur (C.G.) .

(i ) particulars of petitioner No. 21 in cause-title of the said order is rectified and shall now be read as "21. Oneshwar Jhadi S/o Nanaiya Jhadi Aged About 52 Years Working As Head Master Government Primary School Chinnajojer, " Block Bijapur, District Bijapur (C.G.) .

5. It is made clear that rest of the terms and conditions of the original order [ W.P.(S) No. 8133 of 2024 dated 11.12.2024 ] shall remain intact.

6. With these modifications, the instant MCC is disposed of .

Sd/- (Rakesh Mohan Pandey) Judge

Ajinkya