Chhattisgarh teachers union challenges school rationalisation orders in HC citing constitutional violations
RAIPUR: The Chhattisgarh Vidyalayin Shikshak Karmachari Sangh, along with 34 teachers, challenged two state govt orders dated 28 April 2025 and 2 August 2024 in the High Court. The petitioners contend that the govt's ongoing rationalisation process for schools and teachers violates established norms.
Counsel Rajesh Kumar Kesharwani, representing 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 govt.
The petitioners claim the state govt's orders are arbitrary, illegal, and were issued without proper authority. They highlight a decision by the State Council of Ministers on 9 July 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 govt 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 govt 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 CG and Ors., decided on 24 January 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.
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