2026:CGHC:8917 NAFR Digitally s A i V g I n N ed A S b H y HIGH COURT OF CHHATTISGARH AT BILASPUR AVINASH SHARMA SHARMA Date:

2026.02.23

15:09:21 +0530 WPS No. 9538 of 2023

1 - Preeti Mishra D/o Parmeshwar Mishra Aged About 30 Years Presently Posted As Trained Graduate Teacher (English) At Eklavya Model Residential School Bandhawa, Block Lormi District Mungeli Chhattisgarh.

2 - Yashwant Kumar Sinha S/o Roopchand Sinha Aged About 31 Years Presently Posted As Trained Graduate Teacher (Maths) At Eklavya Model Residential School Bandhawa, Block Lormi District Mungeli Chhattisgarh.

3 - Khemlata Dhruw D/o Lakhan Singh Shruw Aged About 33 Years Presently Posted As Trained Graduate Teacher (Social Science) At Eklavya Model Residential School Bandhawa, Block Lormi District Mungeli Chhattisgarh.

4 - Tanuja Ratnakar D/o S. R. Ratnakar Aged About 29 Years Presently Posted As Trained Graduate Teacher (Science) At Eklavya Model Residential School Kosambuda, Block Lormi District Mungeli Chhattisgarh.

5 - Indrani Rathore W/o Arvind Singh Aged About 32 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Kosambuda, , Block Lormi District Mungeli Chhattisgarh.

6 - Satyam Kumar Anant S/o Shriram Anant Aged About 32 Years Presently Posted As Trained Graduate Teacher (Hindi) At Eklavya Model Residential School Jamthan, Block Bharatpur District Manendragarh Chirmiri Bharatpur Chhattisgarh.

... Petitioners.

versus

1 - Union Of India Through Its Secretary Ministry Of Tribal Affairs Rajendra Prasad Road, Shashtri Bhawan New Delhi. 2 - National Education Society For Tribal Student Through Its Commissioner Ministry Of Tribal Affairs, Ground Floor, Gate No. 3a, Jeevan Tara Building, Parliament Street, New Delhi-110001. 3 - State Chhattisgarh Through Secretary Scheduled Caste Schedule Tribe Development Department Of School Education Mantralaya Mahanadi Bhawan, Atal Nagar,, District : Raipur, Chhattisgarh C.G. 4 - Eklavya Vidyalaya Sangathan Samiti Through Its Commissioner - Cum-Secretary Scheduled Caste Schedule Tribe Development Department Block -D Ground Floor, Indrawati Bhawan, Atal Nagar, District Raipur Chhattisgarh.

... Respondents.

For Petitioners : Shri Mateen Siddiqui, Advocate.

For State/Respondent : Shri Arpit Agrawal, Panel Lawyer.

(Hon'ble Shri Amitendra Kishore Prasad, Judge)

Order on Board

19/02/2026

1. This Writ Petition has been filed against the impugned advertisement issued by the National Education Society for Tribal Students (NESTS), Ministry of Tribal Affairs, for recruitment of teaching and non-teaching staff in Eklavya Model Residential Schools (EMRS). The petitioners are permanent residents of Chhattisgarh and are duly qualified TGT teachers who were appointed between 2016 and 2022 in various EMRS institutions through orders issued by the Collector and Assistant Commissioner, Tribal Welfare, and whose services have been continuously extended for several years. Despite their long and uninterrupted service against vacant posts, the respondent authorities issued a fresh centralized advertisement inviting applications from candidates across the country, without considering the existing teachers or safeguarding their livelihood. The petitioners contend that NESTS has no authority or locus to issue such an advertisement, as under Clauses 9.1(k) and 9.3(e) & (f) of the EMRS Guidelines, recruitment powers vest with the competent State authority/Eklavya Vidyalaya Sangathan Samiti, and no valid entrustment to NESTS has been shown. They, therefore, challenge the advertisement as arbitrary, illegal, contrary to the EMRS Guidelines and violative of Articles 14 and

16 of the Constitution of India.

2. The petitioner has prayed for the following reliefs:-

10.1 That, the Hon'ble Court may kindly be pleased to set-aside/ quash the advertisement (P/1) issued by the National Education Society for Tribal Student.

10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent authority to consider the candidature of