Digitally signed by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7821 of 2023

1 - Bhupendra Kumar Patel S/o Roshan Lal Patel Aged About 34 Years R/o Pre Matric Anusuchit Jati Boys Hostel Kharsiya, Block Kharsiya, Dist. Raigarh (C.G.)

2 - Deepak Netam S/o Ram Kumar Netam Aged About 34 Years R/o Pre Matric Adiwasi Boys Hostel Polami, Block Pandariya, Dist.

Kabirdham (C.G.)

3 - Jai Manikpuri S/o Late Tribhuvan Das Manikpuri Aged About 34 Years R/o Pre Matric Adiwasi Boys Hostel Rajpur, Block Rajpur, Dist.

Balrampur (C.G.)

4 - Harsh Prakash Dadsena S/o Gulab Ram Dadsena Aged About 34 Years R/o Chharra Tangar, Block Gharghoda, Dist. Raigarh (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of Tribal And Schedule Caste Development, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.)

2 - State Of Chhattisgarh Through Secretary, Department Of General Administrative, Mantralay, Mahanadi Bhawan, New Raipur Atal Nagar, District Raipur (C.G.)

3 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mantralay, Mahanadi Bhawan, New Raipur Atal Nagar, District Raipur (C.G.)

4 - Director Department Of Tribal And Schedule Caste Development, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.)

5 - Commissioner Department Of Tribal And Schedule Caste Development, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur (C.G.)

... Respondent(s)

(Cause-title is taken from Case Information System)

For Petitioners : Mr. R. K. Verma, Advocate For State : Mr. Ashutosh Shukla, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

09/02/2026

1. The present writ petition is being filed seeking following reliefs:-

“10.1 That, this Hon'ble court may kindly be issued direction to the respondents authorities to produce all the relevant record relating to the case of the petitioner's before this Hon'ble Court for its kind perusal.

10.2 That, this Hon'ble court may kindly be pleased to canceled/stopped to deputation of the Said Teacher cadre.

10.3 That, this Hon'ble court may kindly be pleased to process of filling option form should be canceled.

10.4. That, this Hon'ble Court be further pleased to grant Such other relief may be deemed fit and proper in the Interest of justice.”

2. Facts of the case, in brief, is that the respondent No.1 issued a circular dated 10.03.2015 directing that all Government primary, middle, higher secondary and other educational institutions being run under the Tribal and Scheduled Caste Development Department as well as the Urban Administration and Development Department shall stand transferred to the School Education Department. The said circular was issued for administrative uniformity and rationalization of educational institutions. The aforesaid circular further provided that the entire teaching and non-teaching staff, including teachers, clerical staff, peons and other employees working in the educational institutions under the School Education Department, shall be categorized as Educational Cadre “A”. It was further stipulated that those employees, including teaching, clerical, peon and other staff, who were transferred and posted under the Tribal and Scheduled Caste Development Department would constitute a separate category known as Cadre “B”. The circular also delineated the respective administrative and financial control of both departments. Subsequently, teachers who were working as In- charge Hostel Superintendents started demanding deputation (Samviliyan/Pratiniyukti) to the Tribal Department to continue working as Hostel Superintendents. In this regard, the respondent authorities initiated a process of collecting option forms from such teachers, seeking their preference as to whether they wished to continue as teachers or to work as Hostel Superintendents on deputation. In the year 2016, the respondent authorities created fresh vacancies for the post of Hostel Superintendent, which were to be filled through a compe