Dismissed

Ddm Public School Korba v. State of Chhattisgarh

Chhattisgarh HC15 Sept 2026WPC/431/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by several private schools and their association challenging a show-cause notice from the District Education Officer, Korba, which directed them to collect fees for only ten months and refund any excess. The Court held the petition was premature because no final adverse order had been passed and the petitioners had an opportunity to reply to the notice.

What did the court decide?

Petition dismissed at this stage; liberty reserved to file fresh writ petition if a final adverse order is passed or any exigency arises.

Ddm Public School Korba Vs State of Chhattisgarh — Education and Admissions | Chhattisgarh HC (2026)

CGHC010298482020

2026:CGHC:40416

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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RAVVAUTTEJKUMARRAJU Digitallysigned byRAVVA UTTEJKUMAR RAJUDate:2026.09.1718:22:05+0530

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WPC No. 431 of 2021

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1 - Ddm Public School Korba District Korba Chhattisgarh, A Non Governmental School, Through Its Principal., District : Korba, Chhattisgarh

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2 - Dps Balco Korba District Korba Chhattisgarh, A Non Governmental School, Through Its Principal., District : Korba, Chhattisgarh

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3 - New Era Progressive School Korba, District Korba Chhattisgarh A Non Governmental School, Through Its Principal., District : Korba, Chhattisgarh

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4 - St. Xaviers Public School Korba District Korba Chhattisgarh, A Non Governmental School, Through Its Principal., District : Korba, Chhattisgarh

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5 - Private School Association Korba A Registered Society Under Cg Registration Act 1973 Bearing Registration No. 12220260607 Having Its Office At Mig - 2/29, Maharana Patap Nagar, Korba District Korba Chhattisgarh., District : Korba, Chhattisgarh

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... Petitioners

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Versus

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1 - State of Chhattisgarh Through Principal Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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2 - Director (Public Instructions) Directorate of Public Instructions,

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Mantralaya, Indravati Bhawan, Block - 3, 1st Floor, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

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3 - District Education Officer District Korba Chhattisgarh., District : Korba, Chhattisgarh

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4 - Collector Korba, District Korba Chhattisgarh., District : Korba, Chhattisgarh

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... Respondents

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(Cause title is downloaded from CIS Periphery.)

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For Petitioners : Ms. Shotabdi Bagchi, Counsel on behalf of Mr. Ashish Shrivastava, Sr. Advocate.

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For State : Mr. Priyank Rathi, G.A.

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Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board

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16/09/2026

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By way of the present petition, the petitioners invoke the extraordinary writ jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India, challenging the legality, validity and propriety of the impugned show-cause notice dated 07.12.2020 (Annexure P/1) issued by respondent No. 3, namely, the District Education Officer, District Korba (C.G.), whereby all private and non-government schools situated in District Korba (C.G.) have been directed to collect school fees for only ten months in an academic year instead of twelve months and further directed to refund the additional fee, if any, already collected by the concerned schools.

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The petitioners are seeking following reliefs:-

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“10.1 It is prayed that this Hon’ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner Society from the possession of the respondents for its kind perusal.

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10.2 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ/command/order quashing and setting aside the impugned so-called show cause notice dated 07.12.2020, issued by the District Education Officer, Korba (C.G.), being illegal and inoperative in law.

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10.3 Any other relief/reliefs which this Hon’ble Court may think fit and proper in the facts and circumstances of the case, with cost of the petition may also please be granted to the petitioners.”

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Learned counsel for the Petitioners submits that the impugned show-cause notice dated 07.12.2020 cannot be treated as a mere notice calling for an explanation, as the petitioners’ institutions have been specifically directed to submit an affidavit along with their reply, failing which coercive action is threatened to be taken against them. Thus, the impugned notice has substantive and adverse consequences for the Petitioners’ institutions and is not merely a notice in the nature of seeking an explanation.

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Learned counsel appearing for the State submits that a detailed reply has been filed on behalf of the answering respondents, wherein a preliminary objection has been raised with regard to the maintainability of the present writ petition. It is contended that the petitioners have approached this Court at the stage of issuance of the impugned show-cause notice dated 07.12.2020, without allowing the competent authority to consider the explanation/reply

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of the petitioners and take a final decision in accordance with law. He further submits that the issuance of a show-cause notice, by itself, does not give rise to a cause of action warranting interference by this Court in exercise of its extraordinary writ jurisdiction, particularly when the petitioners have an opportunity to place their case before the competent authority. On these grounds, learned counsel for the State submits that the present petition, being directed against the show-cause notice, is premature and is therefore liable to be dismissed as not maintainable.

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Considering the facts and circumstances of the case and having regard to the submissions advanced by learned counsel for the parties, this Court finds that the present petition has been preferred primarily challenging the show-cause notice dated 07.12.2020. It is also not in dispute that, pursuant to the said show-cause notice, no final, punitive or adverse order has so far been passed against the petitioners’ institution. The petitioners, therefore, have an opportunity to submit their explanation/reply before the competent authority and to place all their objections and contentions for consideration in accordance with law. At this stage, this Court does not find any sufficient ground to interfere with the proceedings initiated pursuant to the impugned showcause notice in exercise of its extraordinary writ jurisdiction.

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Accordingly, the present petition is dismissed at this stage. However, liberty is reserved in favour of the petitioners to avail

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such appropriate remedy as may be available to them in law, including approaching this Court by way of a fresh writ petition, if any final, adverse or punitive order is subsequently passed against them or if any exigency arises.

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Sd/-

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(Amitendra Kishore Prasad)

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Judge

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U.K. Raju

Ddm Public School Korba v. State of Chhattisgarh

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Ddm Public School Korba v. State of Chhattisgarh

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