2025:CGHC:61217-DB SOURABH BHILWAR NAFR Digitally signed by SOURABH BHILWAR Date: 2025.12.17 HIGH COURT OF CHHATTISGARH AT BILASPUR

18:15:17 +0530 WPS No. 1424 of 2025

1 - Md. Zulfequar Ullah Siddiqui S/o Hafiz Ullah Siddiqui Aged About 57 Years Working As Principal And Posted At D.I.E.T. Jashpur, District Jashpur Chhattisgarh.

2 - Devendra Nath Mishra S/o Y.N. Mishra Aged About 61 Years Working As Incharge District Education Officer, Balrampur, District Balrampur Ramanujganj Chhattisgarh (Original Post Principal) Surajpur, District Surajpur Chhattisgarh.

3 - Pandit Bhardwaj S/o V.N. Pandey Aged About 51 Years Working As Incharge Block Education Officer Ramanujganj, (Original Post Lecturer)

Surajpur, District Surajpur Chhattisgarh.

4 - Jai Govind Tiwari S/o R.N. Tiwari Aged About 58 Years Working As Incharge Block Education Officer, Sankargarh, District Balrampur (Original Post Lecturer)

5 - Yogesh Mishra S/o Late J. N. Mishra Aged About 53 Years Original Post Lecturer And Posted At Govt. High School Beljorea, Block Sitapur, District Surajpur Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Mantralaya New Raipur, District Raipur Chhattisgarh.

2 – Secretary, Department Of Tribal Welfare And Development, Mahanadi Bhawan, Atal Nagar, Mantralaya New Raipur, District Raipur Chhattisgarh.

... Respondents (Cause title is taken from the Case Information System)

For Petitioners : Mr. Vinod Kumar Sharma, Advocate For Respondents/State : Mr. Shashank Thakur, Dy. Adv. General For Intervenor : Mr. Chandresh Shrivastava, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Bibhu Datta Guru, Judge

16.12.2025

1. At the very outset, learned counsel for the petitioners, on instructions, would submit that in the present matter, the petitioner No.1 wants to withdraw the petition on his behalf.

In view of the above, the petition preferred on behalf of petitioner No.1 Md. Zulfequar Ullah Siddiqui is hereby dismissed as withdrawn.

Now we proceed to hear the matter on behalf of the rest of the petitioners No. 2 to 5.

2. By the present writ petition, the petitioners are seeking for the following reliefs :-

“(i) That, this Hon'ble Court may kindly be pleased to declare Schedule-II Sr. No. 17 of Chhattisgarh School Education Service (Education and Administrative Cadre) Recruitment and Promotion Rule 2019 (Annexure P/5 page 68) regarding 185 post of BEO under common cadre of E and T is arbitrary and discriminatory and may be held ultravirus and directed to be modified by separately sanctioning the post of Education/Tribal cadre as per terms agreed in merger policy (Annexure P/2 Clause 9) so that post of Tribal department may not filled by Employee of education department in the interest of justice.

(ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted in the interest of justice.”

3. (i) Learned counsel appearing for the the petitioners would submit that the petitioners are working as Principal and Lecturer in Tribal cadre. Earlier the Tribal Department and Education Department were having separate department and separate control however, in the year 2019, both the departments were merged under the Education Department. Learned counsel would submit that the service conditions of Tribal Department is governed by Chhattisgarh Tribal and Schedule Caste Development Department Educational Cadre (Gazetted) Service Rules, 2011 and in Schedule-1, total 85 posts of Block Education Officer (BEO) have been sanctioned. He also submits that as per the set up of Education Department dated 28/01/2008, there are 61 posts of BEO sanctioned for Education Department. Thus total 146 posts of BEO are there (85 posts for Tribal Department and 61 posts for Education Department).

(ii) Learned counsel would further submit that as per merger notification dated 05/03/2019, both departments will be control