High Court of Chhattisgarh
Case Details
Page 1 of 25 {WP(S)Nos.5528/2021, 6913/2021 & 829/2022} HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:45146-DB AFR WPS No. 5528 of 2021 Order reserved on: 26-8-2025 Order delivered on: 4-9- 2025 Hardeo Ram Sahu, S/o Shri Madhulal Sahu, Aged about 60 years, Presently posted as Section Officer, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. --- Petitioner Versus State of Chhattisgarh, Through the Secretary, General Administration Department, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh. --- Respondent WPS No. 6913 of 2021 1. Kashyap Krishan Gautam, S/o Late Shri Mahatma Singh, Aged about 60 years, Posted as Under Secretary, Chief Minister Secretariat, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2. Vijay Kumar Choudhary, S/o Late Shri C.R. Choudhary, Aged about 48 years, Posted as Under Secretary, Revenue Department, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 3. Shatruhan Yadav, S/o Shri Runguram Yadav, Aged about 60 years, Posted Under Secretary, Revenue Department, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. Posted Under Secretary, 4. N.P. Maravi, S/o Late Shri Deepchand Maravi, Aged about 50 General Administrative years, Department, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. Page 2 of 25 {WP(S)Nos.5528/2021, 6913/2021 & 829/2022} 5. Dasheram Chandrawanshi, S/o Late Shri Jangluram, Aged about 53 years, Posted Section Officer, General Administrative Department, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 6. Alexander Xaxa, S/o Late Shri Alphonse Xaxa, Aged about 52 years, Pipardih, Post Section Officer, Revenue Department, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 7. Rajpal Baghel, S/o Late Shri G.S. Bhagel, Aged about 54 years, Post Assistant Grade-1, Revenue Department, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 8. Dhaneshwar Prasad Dewangan, S/o Late Shri Lalji Dewangan, Age 54 years, Post Assistant Grade-1, Revenue Department, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 9. Ravindra Kumar Barsagade, S/o Late Shri Gikuldas Barsagade, Age 61 years, Post Assistant Grade-1, Home Department, Government of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 10.Krishna Kumar Sharma, S/o Late Shri Jaikishan Sharma, Age 62 years, Post Assistant Grade-1, Chief Minister Secretariat, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 11. Rajesh Kumar Jain, S/o Late Shri Sudhakar Rao, Age 53 years, Post Assistant Grade-1, Tribal Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. ---Petitioners Versus 1. State of Chhattisgarh, Through Secretary, General Administrative Department, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2. State of Madhya Pradesh, Through Secretary, General Administrative Department, Mantralaya, Vallab Bhawan, Bhopal, District Bhopal, Madhya Pradesh. Page 3 of 25 {WP(S)Nos.5528/2021, 6913/2021 & 829/2022} 3. Union of India, Through Secretary, Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training, 3rd Floor, Loknath Bhawan, Khan Market, New Delhi. --- Respondents AND WPS No. 829 of 2022 1. Umedi Rana, S/o Late Shri Jagnoo Rana, Aged about 56 years, Presently posted as Section Officer, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. 2. Kenas Kumar Nayak, S/o Late Shri Jacob Nayak, Aged about 53 years, Presently posted as Section Officer, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. 3. Tirth Prasad Ladiya, S/o Late Shri Nirpat Singh, Aged about 59 years, General Presently posted as Deputy Secretary, Administration Department, Atal Nagar, District Raipur, Chhattisgarh. 4. Anwarursheed Khan, S/o Shri Imran Khan, Aged about 59 years, Presently posted as Under Secretary, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh.
Legal Reasoning
5. K.K. Bhuarya, S/o Late Shri Kunwar Singh, Aged about 54 years, Presently posted as Under Secretary, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. 6. Bachan Singh, S/o Late Shri Hari Singh, Aged about 51 years, Presently posted as Assistant Grade I, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. 7. Shiv Kumar Goud, S/o Late Shri Janpat Goud, Aged about 52 years, Presently posted as Assistant Grade I, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. 8. Loknath Thakur, S/o Bhabji Ram Thakur, Aged about 52 years, Presently posted as Assistant Grade I, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. 9. Mahendra Kumar Mandle, S/o Late Shri K.L. Mandle, Aged about 55 years, Presently posted as Assistant Grade I, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. Page 4 of 25 {WP(S)Nos.5528/2021, 6913/2021 & 829/2022} 10.Vijay Kumar Chourasia, S/o Late Shri B.N. Chourasia, Aged about 47 years, Presently posted as Assistant Grade I, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. 11. Jayant Bhagwan Kolte, S/o Late Shri B.O. Kolte, Aged about 48 years, Presently posted as Assistant Grade I, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. 12. Smt. Emerensia Xess, W/o Shri Yakub Xess, Aged about 60 years, Presently posted as Deputy Secretary, General Department, Atal Nagar, District Administration Raipur, Chhattisgarh. 13. Janak Kumar, S/o Late Shri Rodam Singh, Aged about 59 years, Presently posted as Under Secretary, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. 14. Jhaman Ram, S/o Late Shri Somra Ram, Aged about 56 years, Presently posted as Assistant Grade I, General Administration Department, Atal Nagar, District Raipur, Chhattisgarh. ---Petitioners Versus State of Chhattisgarh, Through the Secretary, General Administration Department, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh. --- Respondent For Petitioners in WPS Nos.5528/2021 & 829/2022 For Petitioners in WPS No.6913/2021 For Respondents/State For Respondent No.3/Union of India in WPS No.6913/2021 : Mr. Y.C. Sharma, Senior Advocate with Mr. Aishwary Diwan, Advocate. : Dr. Sachin Ashok Kale, Advocate. : Mr. Ajit Singh and Mr. Rahul Tamaskar, Government Advocates. : Mr. Tushar Dhar Diwan, Advocate. Division Bench: - Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Sanjay Kumar Jaiswal, JJ. C.A.V. Order Sanjay K. Agrawal, J. 1. In this batch of writ petitions, the petitioners herein have questioned the constitutional validity of notification dated 14-6- Page 5 of 25 {WP(S)Nos.5528/2021, 6913/2021 & 829/2022} 2021, whereby the Chhattisgarh Secretariat Service Recruitment Rules, 2012 (for short, ‘the Rules of 2012’) have been amended inserting Bachelor’s Degree as qualification for appointment by promotion to the posts of Joint Secretary, Deputy Secretary, Under Secretary and Section Officer in serial Nos.1, 2, 3 and 7 of Schedule- IV, in addition to the requisite experience. All the posts with respect to which the challenge has been made, are 100% promotional posts. 2. Since common question of law and fact is involved in this batch of writ petitions, they have been clubbed together, heard together and
Decision
are being disposed of by this common order. 3. The sole petitioner in WPS No.5528/2021 namely, Hardeo Ram Sahu retired from service and similarly, petitioner No.3 Tirth Prasad Ladiya, petitioner No.4 Anwarursheed Khan, petitioner No.12 Smt. Emerensia Xess and petitioner No.13 Janak Kumar in WPS No.829/2022 retired from service, during the pendency of writ petitions. Similarly, petitioner No.9 Ravindra Kumar Barsagade and petitioner No.10 Krishna Kumar Sharma in WPS No.6913/2021 retired from service during the pendency of writ petition. Facts in Brief 4. Challenge to the amended rule has been made on the ground that amendment in the rule introducing the prescription of qualification of Bachelor’s Degree for the promotional posts is unreasonable, Page 6 of 25 {WP(S)Nos.5528/2021, 6913/2021 & 829/2022} unfair and violative of their constitutional rights guaranteed under Articles 14 and 16 of the Constitution of India, as it is the case of the petitioners that the respondent State has not given any explanation in the counter-affidavit filed before this Court as to what is the need/requirement of adding the additional educational qualification of Bachelor’s Degree for the promotional posts of Joint Secretary, Deputy Secretary, Under Secretary and Section Officer. It is the case of the petitioners that it was the duty of the State to assign reason to bring any amendment in the rules and it must reflect reasonable, fair and not grossly unjust, however, in the present case, no such reason has been mentioned which is unreasonable and unfair on the part of the State and as such, violative of the petitioners’ rights guaranteed under Articles 14 and 16 of the Constitution. It is the further case of the petitioners that the aforesaid amendment has been made only in Schedule-IV of the Rules of 2012 and no amendment has been made in the substantive provision of Rule 14 of the Rules of 2012 which deals with Conditions of Eligibility for Promotion and introduction of educational qualification of Bachelor’s Degree is totally unnecessary, as they are working for fairly long time on the feeder post and some of them had already retired from service. 5. The State of Chhattisgarh has filed return stating inter alia that it is purely the prerogative of the State Government to amend the rules regulating promotion and rules can be altered by the State Government unilaterally, the petitioners have no vested right of Page 7 of 25 {WP(S)Nos.5528/2021, 6913/2021 & 829/2022} promotion, mere chance of promotion is not a condition of service and the petitioners have no enforceable right to challenge the rule by which the educational qualification of Bachelor’s Degree has been prescribed for promotion to higher posts as it is full of responsibility considering the nature of work performed by the promotees. Educational qualification of Bachelor’s Degree has been added for the aforesaid posts which is the minimum qualification and which cannot be termed as arbitrary, as prescription of educational qualification to the aforesaid posts by no stretch of imagination can be termed as illegal and contrary to law. It is further submitted that in various Departments of the State of Chhattisgarh, minimum requirement to the post of Under Secretary for appointment on the post is graduation and in order to rectify the discrepancy, such an amendment has been made which is strictly in accordance with law. As such, the writ petitions deserve to be dismissed. 6. Rejoinder has been filed on behalf of the petitioners controverting the allegations made in the return. Submissions on behalf of the Parties 7. Mr. Y.C. Sharma, learned Senior Counsel appearing on behalf of the petitioners in WPS Nos.5528/2021 & 829/2022, would submit as under: - 1. Schedule-IV of the Rules of 2012 by which the impugned amendment has been made introducing Bachelor’s Degree as Page 8 of 25 {WP(S)Nos.5528/2021, 6913/2021 & 829/2022} educational qualification for promotion to the posts of Joint Secretary, Deputy Secretary, Under Secretary and Section Officer is unjust and improper apart from being unfair and unreasonable and is also violative of their fundamental right enshrined in Articles 14 & 16 of the Constitution of India. 2. The State has failed to justify the need of adding Bachelor’s Degree to the educational qualification for the aforesaid posts, as no attempt has been made in the affidavit to show that the nature of work on the said posts was such that it would require higher qualification. 3. The aforesaid amendment has been made in the Schedule without amending the substantive provision of Rule 14 of the Rules of 2012 which deals with Conditions of Eligibility for Promotion. 4. Introduction of educational qualification i.e. Bachelor’s Degree for promotional posts was totally unnecessary, as the petitioners were efficiently performing duties on the respective posts since long. 5. Non-consideration of the claim of the petitioners for promotion violates Article 14 of the Constitution of India. Mr. Sharma, learned Senior Counsel, would rely upon the decisions of the Supreme Court in the matters of State of U.P. and another v. Ram Gopal Shukla1, Budhan Choudhry and 1 (1981) 3 SCC 1 Page 9 of 25 {WP(S)Nos.5528/2021, 6913/2021 & 829/2022} others v. State of Bihar2, Food Corporation of India and others v. Om Prakash Sharma and others3, Maharashtra Forest Guards and Foresters Union v. State of Maharashtra and others4, Major General H.M. Singh, VSM v. Union of India and another5 and that of this Court in the matter of M.P. Ade and others v. State of Chhattisgarh and another6 to buttress his submissions. 8. Dr. Sachin Ashok Kale, learned counsel appearing on behalf of the petitioners in WPS No.6913/2021, would submit that the impugned amendment made in Schedule-IV of the Rules of 2012 adding educational qualification for promotion to higher posts is contrary to the proviso appended to Section 69(1) of the Madhya Pradesh Reorganisation Act, 2000 and, therefore, it is liable to be struck down. 9. Mr. Rahul Tamaskar, learned Government Advocate appearing on behalf of the State of Chhattisgarh/respondents, would submit that there is presumption of law in favour of constitutionality of a legislation. Requiring higher educational qualification i.e. Bachelor’s Degree for higher post is constitutionally legal as with every promotion, the scope of work and responsibility increases. Therefore, prescribing higher educational qualification for higher post is completely just and reasonable from suitability and