Dhirpal Singh Kachlame Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2025)

Dhirpal Singh Kachlame Vs State of Chhattisgarh — Writ and Judicial Review | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in the light of the State's undertaking that the impugned order dated 10-6-2025 applies only to government/non-government schools of the CG Board and not to CBSE/ICSE Board schools; no adjudication on the Section 30(1) RTE Act objection. Pending interlocutory application(s), if any, stand disposed of.

Issue for consideration

Whether the Government's decision to conduct centralized/Board examinations for students of Class 5th and 8th in all government and non-government schools in Chhattisgarh for academic year 2025-2026 is contrary to Section 30(1) of the RTE Act, 2009, which provides that no child shall be required to pass any Board examination till completion of elementary education. +1 more

Court's answer

In view of the State counsel's undertaking that the impugned order dated 10-6-2025 does not apply to CBSE/ICSE Board schools, nothing remains in the writ petition; the court did not adjudicate the challenge founded on Section 30(1) of the RTE Act.

Ratio / Principle

The impugned order itself confines the centralized examination for students of 5th and 8th to government/non-government schools of the CG Board, consistent with the State's undertaking excluding CBSE/ICSE schools.

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), single Bench (Naresh Kumar Chandravanshi, J.), 20-2-2026, WPC No. 5926 of 2025: Chhattisgarh Private School Management Association challenged, under Article 226, the State Government's order dated 10-6-2025 (with memos dated 25-6-2025 and 6-5-2025) deciding to hold centralized/Board examinations for Class 5th and 8th students in all government and non-government schools in Chhattisgarh for AY 2025-2026, alleging contravention of Section 30(1) of the RTE Act, 2009 (“No child shall be required to pass any Board examination till completion of elementary education”). The State relied on Clause 11 of the impugned order limiting the examination to CG Board schools and, on instruction, undertook that the order is not applicable to CBSE/ICSE Board schools in the State. Holding that nothing remained in the writ petition on that footing and that the order itself restricted applicability to CG Board schools, the Court disposed of the petition without ruling on the Section 30(1) objection; pending IAs were also disposed of.

1

Digitally signed by AVANISH KUMAR PATHAK Date: 2026.02.25 11:55:10 +0530

2026:CGHC:9160

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 5926 of 2025

Chhattisgarh Private School Management Association Through Its President And Authorized Signatory- Shri Rajiv Gupta, Aged About 55 Years, Having Its Office At Jd Daga Higher Secondary School Premises, Civil Lines, Raipur, Chhattisgarh.

... Petitioner

versus

1 - The Union Of India Through Its Secretary, Ministry Of Law And Justice (Legislative Department / Ministry Of Education (Department Of School Education And Literacy)

2 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh.

3 - The Director Directorate Of Public Instructions, Indrawati Bhawan, Atal Nagar, Nava Raipur, Chhattisgarh.

4 - District Education Officer Raipur, Chhattisgarh.

5 - District Education Officer Gariyaband, Chhattisgarh.

	... Res	pondent(s)
For Petitioner	: Mr. Ashish Shrivastava, with Mr. Ashish Shrivas Mr. Ishan Rathore, Adv.	Sr. Adv. tava and
For Respondents No. 1	: Ms. Anmol Sharma, Adv.

2

For respondents No. 2 to 5. : Mr. Shobhit Mishra, Dy. Govt. Adv.

Mr. Vikram Tiwari appears in person as intervenor.

Hon'ble Shri Justice Naresh Kumar Chandravanshi

Order On Board

20-2-2026

1 The petitioner has preferred this writ petition under Article 226 of the Constitution of India seeking quashment of order (Annexure P-1) dated 10-6-2025 and letter / memo dated 25-6-2025 and 6-5-2025 (Annexure P-2 Colly.) to the extent, the Government has decided to conduct centralized / Board examination for students of class 5^th and 8^th in all government and non-government schools in the State of Chhattisgarh for academic year 2025-2026.

2 Learned Sr. counsel appearing for the petitioner would submit that the impugned order (Annexure P-1) dated 10-6-2025 whereby the Government of Chhattisgarh has taken decision to conduct Centralized/ Board examination for the students of Class 5^th and 8^th in all Government schools / private schools is contrary to the provisions of Section 30 of the Right of Children to Free and Compulsory Education Act, 2009 (henceforth referred to ‘the Act’) whereas it has been specifically mentioned in Section 30(1) of the Act that “No child shall be required to pass any Board examination till completion of elementary education.”.

3 In reply, learned counsel appearing for the State would submit that, in Clause 11 of the impugned order, it has been specifically mentioned that, the Centralized examination for students of Class 5^th and 8^th will be applicable only to government and non-government schools of CG

3

Board. On instruction, learned counsel for the State gives an undertaking that impugned order (Annexure P-1) is not applicable to the schools of CBSE Board or ICSE Board of the State of Chhattisgarh.

4 I have heard learned counsel for the parties and perused the material available on record.

5 Having considered the contentions made by learned counsel appearing for the State and particularly the undertaking given by him that the impugned order (Annexure P-1) dated 10-6-2025 is not applicable to the schhol of CBSE / ICSE Board, nothing remains in instant writ petition. Further it has been specifically mentioned in the impugned order itself that the impugned orrder will be applicable for the students of 5^th and 8^th to the government / non-government schools of CG Board. Therefore, this writ petition is disposed of in the light of the undertaking given by learned counsel for the State.

6 Pending interlocutory application(s), if any, stands disposed of.

Sd/-

(Naresh Kumar Chandravanshi)

Judge

pathak