SYED ROSHAN ZAMIR ALI

2026:CGHC:7216 NAFR Digitally signed by HIGH COURT OF CHHATTISGARH AT BILASPUR SYED ROSHAN ZAMIR ALI WPS No. 12146 of 2025

1. Binod Kumar Ekka S/o Late Shri Gabrieal Ekka Aged About

58 Years Registrar, Presently Attached In The Office Of Commissioner Higher Education, R/o House No. C-3, Alka Avenue Colony, Near Uslapur Railway Station, Bilaspur (CG)

... Petitioner versus

1. State of Chhattisgarh Through Its Secretary, Department of Higher Education, Mantralaya, Mahanadi Bhawan, Mantralaya, Naya Raipur Chhattisgarh

2. Commissioner Higher Education, Directorate of Higher Education, Indravati Bhavan, New Raipur Chhattisgarh ... Respondent(s)

For Petitioner : Mr. Neeraj Choubey, Advocate For Respondents : Ms. Anuja Sharma, Dy. Government Advocate Hon'ble Mr. Justice Parth Prateem Sahu

Order On Board

09/02/2026

1. Petitioner has filed this writ petition seeking following reliefs:-

I. That, Hon’ble Court may kindly be pleased to issue an appropriate writ (s) / direction (s)/ order in favour of the petitioner and quash, set aside the impugned attachment order dated 15.03.2024 (Annexure-P/1) issued by the respondent No.1 by declaring the same is bad in law, under the light of the provision of the State Universities Services Rule, 1983.

II.That, Hon’ble Court may kindly be pleased to issue an appropriate writ by directing the respondent authority to issue the posting order of the petitioner as Registrar in the University, so that, he may farm his statutory duty after joining the post of Registrar in the University established under the C.G. University Act 1973.

III. Any other relief/relief’s, 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 petitioner.”

2. Learned counsel for petitioner submits that vide order dated

31.12.2016 petitioner has been promoted to the post of Registrar and posted in Sant Gahira Guru University, Surguja. The post of Registrar is statutory post sanctioned in the State Universities established under the provisions of Chhattisgarh Universities Act, 1973 (for short ‘the Act of 1973’) and is transferrable from one university to another. Thus, petitioner is not an employee of the State Government and services of petitioner are governed by separate set of Rules framed under the Act of 1973 known as Universities Services Rules, 1983 (for short ‘the Rules of 1983’). In support of this submission, he referred to Annexure P-6, which is letter dated 19.6.2023, in which it is clearly mentioned that the employees/officers working under self-financed/grant-in-aid university, do not come within the category of ‘government servant’. As per Rule 22 of the Rules of 1983, services of the Registrar are transferrable from one university to another. However, respondent No.1 by the order impugned attached the services of petitioner in the office of respondent No.2. Aggrieved therewith, petitioner submitted representations, lastly on 10.9.2025 (Annexure P-7) before respondent No.2 pointing out that petitioner is holding post of Registrar and post of Registrar is not sanctioned in the office of respondent No.2 and further, as per clause 3.17 of the Transfer Policy, 2025, all the attachment orders will be deemed to be cancelled w.e.f. 5.6.2025, however, till date attachment order of petitioner is not cancelled. However, till date no heed is paid to representation of petitioner.

He next contended that after passing of the impugned order, petitioner was receiving salary from Atal Bihari Vajpayee University Bilaspur. Now, the post of Registrar is filled by way of deputation and therefore, the University has refused to pay salary to petitioner. In the affidavit submitted by respondents in pursuance of direction issued by this Court on 17.10.2025, there is no whisper about any provision of law vesting power to the State Government to attach services of a Registrar outside the University. Under these circumstances, the order imp