Chhattisgarh High Court Upholds Reinstatement of College Employee, Dismisses Writ Appeal

News Citation : 2026 LN (HC) 107 | 2026:CGHC:2950-DB

January 19, 2026 : The High Court of Chhattisgarh has dismissed a writ appeal filed by Dwarika Prasad Vipra Mahavidyalaya and its governing body, affirming earlier orders that set aside the termination of a college employee and upheld his reinstatement.

The Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal rejected the appeal against a Single Judge’s order that had dismissed the institution’s writ petition challenging the reinstatement of Arun Kumar Kashyap, a book lifter employed by the college.

Kashyap’s services were terminated by the college in February 2008. He challenged the termination before the Commissioner, Directorate of Higher Education, Raipur, under the provisions of the Madhya Pradesh Shaskiya Shiksha Sansthan (Anudan Ka Praday) Adhiniyam, 1978. The appellate authority allowed his appeal, holding that the termination was illegal, and ordered that it be set aside.

The college subsequently approached the High Court through a writ petition, contending that it had not been granted a proper opportunity of hearing during the appellate proceedings. The Single Judge rejected this challenge in November 2025, prompting the present writ appeal before the Division Bench.

During the hearing, the appellants argued that the appellate authority had violated principles of natural justice by recalling the termination order without granting them a hearing. They relied on a Supreme Court decision to contend that no adverse order can be passed without affording an opportunity to be heard.

The court, however, found no merit in these submissions. It noted that Section 6(a)(iii) of the 1978 Adhiniyam mandates that employees of non-government educational institutions can be removed or dismissed only by strictly following the procedure prescribed under the Madhya Pradesh Ashaskiya Shikshan Sansthan Adhyapak Tatha Anya Karmachari Padachyut Evam Seva Se Hatane Sambandhi Prakriya Niyam, 1983.

The Bench observed that the college had failed to comply with these mandatory procedural requirements while terminating Kashyap’s services. It further held that the appellate authority was empowered under the statute to conduct an inquiry and that, in the present case, a proper inquiry had been conducted after granting due opportunity of hearing to the institution.

Rejecting the plea of violation of natural justice, the court held that any such grievance stood cured during the appellate proceedings. The Division Bench also found the reliance placed on the Supreme Court ruling to be misplaced and inapplicable to the facts of the case.

Finding no legal infirmity in the orders passed by the appellate authority or the Single Judge, the High Court dismissed the writ appeal, thereby confirming the reinstatement of the employee.

Case Reference : WA No. 26 of 2026, Dwarika Prasad Vipra Mahavidyalaya and Another vs State of Chhattisgarh and Others; Counsel for Appellants: Mr. Aman Saxena, Advocate; Counsel for Respondents No. 1 and 2 (State): Mr. Praveen Das, Additional Advocate General; Counsel for Respondent No. 3: Mr. Anurag Dayal Shrivastava, Advocate.