Chhattisgarh teachers' union moves HC to quash school rationalisation orders, citing constitutional violations

Time of India

2 days ago

RAIPUR: The Chhattisgarh Vidyalayin Shikshak Karmachari Sangh, along with 34 teachers, has challenged two state government orders dated April 28, 2025, and August 2, 2024, in the high court.
The petitioners contend that the government's ongoing rationalisation process for schools and teachers violates established norms. Counsel Rajesh Kumar Kesharwani, representing the matter for the petitioners, stated that the move to approach the court came after their protests against the initial orders did not receive a positive response from the government.
The petitioners claim the state government's orders are arbitrary, illegal, and were issued without proper authority.
They highlight a decision by the State Council of Ministers on July 9, 2024, regarding the rationalisation of schools and teachers.
However, they allege that the School Education Department Secretary subsequently issued instructions and guidelines for this process without legal authority.
Citing Article 166 of the Constitution of India, the petition argues that all executive actions of a state government must be expressed in the name of the Governor.
As the challenged orders were not issued in the Governor's name, the petitioners assert they are not valid state government orders and are therefore unenforceable.
The petitioners have referred to a judgment by the Chhattisgarh high court in the case of Shitala Diwan Vs. State of C. G. and Ors., decided on January 24, 2017.
According to the petitioners, the orders mandate the merger of primary schools with middle schools, and both primary and middle schools with higher secondary schools when co-located.
This merger, they argue, would lead to headmasters in primary and middle schools being reassigned as teachers, thereby reducing the number of sanctioned headmaster posts as per the Chhattisgarh School Shiksha Sewa (Shaikshik evam Prashasnik Samvarg) Bharti Tatha Padonnati Niyam, 2019. They contend this makes the orders illegal and liable to be quashed.
The petitioners also pointed out that the amalgamation would reduce the total number of schools below sanctioned and approved figures, without separate orders for such changes.
They added that the new orders would disrupt the Balwadi scheme, which runs alongside primary schools under the Right to Education Act, 2009, and the New Education Policy, 2020, as regular school teachers are engaged in Balwadi activities.
They also highlighted that many teachers engaged as Cluster Academy Centre coordinators, overseeing various schools and coordination, have been overlooked in the new orders, leading to conflicts.
Furthermore, the petitioners submitted that the rationalisation proposed in the orders is subject-wise, which they argue is futile and contrary to the Niyam, 2019, as the subject-wise posting of teachers was amended and deleted in the 2019 rules.
The petitioners have therefore filed a writ petition seeking to quash the orders issued by the School Education Department Secretary, deeming them to be without authority of law.