Chattisgarh High Court
Hari Singh Rana vs State Of Chhattisgarh on 25 July, 2025
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
2025:CGHC:36016-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
REVP No. 169 of 2019
1. Hari Singh Rana Son Of Late D.S. Rana Aged About 54
Years Training Officer, Govt. Industrial Training Institute,
Bhilai, District Durg Chhattisgarh, District : Durg, Chhattisgarh
2. Harish Kumar Sharma Son Of Late Jagmohan Sharma Aged
About 45 Years Training Superintendent, Industrial Training
Institute, Parpodi, District Durg Chhattisgarh,
... Petitioners
versus
1. State Of Chhattisgarh Through Department Of Technical
Education, Mantralaya, Mahanadi Bhawan, Naya Raipur,
District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
2. Director-Cum-Commissioner Directorate Employment And
Training Indrawati Bhawan, Block 04, First Floor, Naya
Raipur, District Raipur Chhattisgarh
3. Union Of India Through Director General Of Training, Ministry
Of Skill Development And Entrepreneurship (Msde) Shram
Shakti Bhawan, Rafi Marg, New Delhi.,
4. Secretary Public Service Commission, Shahid Bhagat Singh
Chowk, Shankar Nagar Road, Raipur, District Raipur
Chhattisgarh,
5. Linus Minj Aged About 60 Years (Iti Cti) Training
Superintendent, Govt. Iti Tapkara, District Raigarh
Chhattisgarh,
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6. Vijay Kumar Patric Aged About 53 Years (Iti Drawftsmen
Civil), Training Superintendent, Govt. Iti Jagdalpur
Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh
7. Gorakh Prasad Aged About 51 Years (Iti Welder), Training
Superintendent, Govt. Iti Bhilai, District Durg Chhattisgarh,
District : Durg, Chhattisgarh
8. B. Kuzur Aged About 61 Years (Iti Fitter), Training
Superintendent, Govt. Iti Pathalgaon, District Jashpur
Chhattisgarh, District : Jashpur, Chhattisgarh
9. Ram Kumar Bhagat Aged About 58 Years Training
Superintendent, Govt. Iti Chendra, District Surajpur
Chhattisgarh.
10. Girwar Singh Sidar Aged About 53 Years (Iti Turner), Training
Superintendent, Govt. Iti Malkharoda, District Janjgir-Champa
Chhattisgarh.
11.Chhatrapal Singh Kanwar Aged About 58 Years (Iti Turner),
Training Superintendent, Govt. Iti Ambikapur, District Surguja
Chhattisgarh, District : Surguja (Ambikapur), Chhattisgar)
12. Pravin Kumar Naidu Aged About 55 Years (Iti Electrical),
Training Superintendent, Govt. Iti Saragaon, District Janjgir-
Champa Chhattisgarh.
13. Amar Khalko Aged About 56 Years (Iti Welder), Training
Superintendent, Govt. Iti Kharsiya, District Raigarh
Chhattisgarh.
14. Samaliya Ram Thakur Aged About 60 Years (Iti Wireman),
Through Director-Cum-Commissioner, Directorate,
Employment And Training, Intrawati Bhawan, Block No. 4,
New Raipur, District Raipur Chhattisgarh.
15. R.M. Pandey (Deleted) As Per Honble Court Order Dated 19-
02-2021.
16. Mohan Lal Banjare Aged About 53 Years (Iti Fitter), Training
Superintendent, Govt. Iti Sariya, District Raigarh Chhattisgarh
3
17. S.D. Bhuskutekar Aged About 54 Years (Iti Lpm), Training
Superintendent, Govt. Iti Sargaon, District Balod Chhattisgarh
18. Nand Lal Dhumkete Aged About 54 Years (Iti Fitter), Training
Superintendent, Govt. Iti Kabirdham, District Kawardha
Chhattisgarh.
19. B.S. Dhurve Aged About 47 Years (Iti Cti), Training
Superintendent, Govt. Iti Mainpur, District Gariyaband
Chhattisgarh.
20. Anil Kumar Gardiya Aged About 58 Years (Iti Welder),
Training Superintendent, Govt. Iti Hathband, District
Balodabazar-Bhatapara Chhattisgarh.
21. Motichandra Prasad Aged About 60 Years (Iti Molder),
Through Director-Cum-Commissioner, Directorate,
Employment And Training, Indrawati Bhawan, Block No. 4,
New Raipur District Raipur Chhattisgarh.
22. Harshit Minj Aged About 53 Years (Iti Turner), Training
Superintendent, Govt. Mahila Iti Ambikapur, District Surguja
Chhattisgarh.
23. Bhuvan Lal Barle Aged About 59 Years (Iti Turner), Training
Superintendent, Govt. Iti Nagari Shihawa, District Dhamtari
Chhattisgarh.
24. V.K. Mishra (Deleted) As Per Honble Court Order Date 19-02-
2021.
25. Lalmani Singh (Deleted) As Per Honble Court Order Dated
19-02-2021.
26. U.V. Kale (Deleted) As Per Honble Court Order Dated 19-02-
2021.
27. Dilip Singh Jagat Aged About 53 Years (Iti Welder), Training
Superintendent, Govt. Iti Mahasamund, Chhattisgarh.
28. R.S. Bajpai Aged About 59 Years (Iti Instrument), Training
Superintendent, Govt. Iti Kurud, District Dhamtari
Chhattisgarh.
4
29. G.R. Sahu Aged About 58 Years (Iti Cti), Training
Superintendent, Govt. Iti Marwahi, District Bilaspur
Chhattisgarh
30. (Deleted) V.N. Shukla As Per Hon'ble Court Order Dated 05-
08-2022
31. R.G. Tiwari Aged About 54 Years (Iti Surveyor), Training
Superintendent, Govt. Mahila Iti Korba Chhattisgarh.
32. H.U. Siddique Aged About 59 Years (Iti Cti), Training
Superintendent, Govt. Iti Bhilai, District Durg Chhattisgarh,
District : Durg, Chhattisgarh
33. Avinash Patil Aged About 58 Years (Iti Welder), Training
Superintendent, Govt. Iti Gunderdehi, District Balod
Chhattisgarh
34. L.L. Gabhel Aged About 55 Years (Iti Machine Gri), Training
Superintendent, Govt. Iti Mana, District Raipur Chhattisgarh.
35. K.L. Patel Aged About 57 Years (Iti), Training Superintendent,
Govt. Iti Raigarh, District Raigarh Chhattisgarh.
36. S.R. Kurre (Deleted) As Per Honble Court Order Dated 19-
02-2021.
37. A.K. Tembhekar Aged About 60 Years (Iti Electrician),
Training Superintendent, Govt. Iti, Durg District Durg (CG)
38. A. Patil Aged About 60 Years (Iti Drawing), Through Secretary
Trade Testing Cell, Old N.R.D.A. Building, Infront Of
Mahanadi Bhawan, New Raipur, District Raipur Chhattisgarh.
39. D.P. Dahire Aged About 58 Years (Iti Electronics), Training
Superintendent, Govt. Iti Bhilai, District Durg Chhattisgarh
40. K.L. Ajgale Aged About 46 Years (Iti Electronics), Training
Superintendent, Govt. Iti Koni, District Bilaspur Chhattisgarh.
41. S.D. Khilari Aged About 47 Years (Iti Black Smith), Training
Superintendent, Govt. Iti Sanjari, District Balod Chhattisgarh.
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42. D.K. Khobragade Aged About 51 Years (Iti Instrument
Mechanic), Training Superintendent, Govt. Iti Bhilai, District
Durg Chhattisgarh.
43. Smt. Mamta Bhimte Aged About 48 Years (Ba Secretarial
Practice), Training Superintendent, Govt. Iti Bhilai, District
Durg Chhattisgarh.
44. H.L. Koshle Aged About 54 Years (Iti Draftsman Mechanic),
Training Superintendent, Govt. Iti Bilha, District Bilaspur
Chhattisgarh.
45. Smt. Shiva Khobragade Aged About 45 Years (Diploma
Secretarial Practice), Training Superintendent, Govt. Iti Bhilai,
District Durg Chhattisgarh.
46. (Deleted) T.R. Dhruw As Per Hon'ble Court Order Dated 05-
08-2022
47. S.N. Baiga Aged About 52 Years (Iti Turner), Training
Superintendent, Govt. Iti Bagicha, District Jashpur
Chhattisgarh, District : Jashpur, Chhattisgarh
48. Full Singh Kanwar Aged About 53 Years (Iti Draftsman
Mechanic), Training Superintendent, Govt. Iti Pali, District
Korba Chhattisgarh.
49. T.S. Gavare Aged About 55 Years (Iti Motor Mechanic),
Training Superintendent, Govt. Iti Rajnandgaon Chhattisgarh
50. R.K. Tarak (Deleted) As Per Honble Court Order Dated 19-
02-2021.
51. B.N. Banshi Aged About 47 Years (Iti Rtv), Training
Superintendent, Govt. Iti Samari, District : Surguja
(Ambikapur), Chhattisgarh
52. (Deleted) G.S. Netam As Per Hon'ble Court Order Dated 05-
08-2022
53. G.S. Neti Aged About 53 Years (Iti Motor Mechanic), Training
Superintendent, Govt. Iti Korba, District : Korba, Chhattisgarh
6
54. B.R. Ekka Aged About 53 Years (Iti Welder), Training
Superintendent, Govt. Iti Rajpur, District : Surguja
(Ambikapur), Chhattisgarh
55. L.S. Thakur Aged About 56 Years (Iti Wireman), Through
Director-Cum-Commissioner, Directorate, Employment And
Training, Indrawati Bhawan, Block No. 4, New Raipur, District
Raipur Chhattisgarh.
56. G.R. Thakur Aged About 53 Years (Iti Carpenter), Training
Superintendent, Govt. Iti Jagdalpur, District :
Bastar(Jagdalpur), Chhattisgarh
57. Chandu Lal Gaud Aged About 46 Years (Iti Fitter), Training
Superintendent, Govt. Iti Akaltara, District : Janjgir-Champa
(CG)
58. M.R. Dhruw Aged About 48 Years (Iti Electrician), Training
Superintendent, Govt. Iti Dhamtari, District Dhamtari
Chhattisgarh.
59. F. Ekka, Vice Principal Iti Lakhanpur, District Surguja
Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
60. R.L. Kanwar, Vice Principal Iti Gourela, District Bilaspur
Chhattisgarh.
61. T.S. Dhruw (Deleted) As Per Honble Court Order Dated 19-
02-2021.
62. Narendra Kumar Banchhore Son Of Shri D.R. Banchhore
Aged About 56 Years Training Superintendent, Industrial
Training Institute, Khamhariya, District Bilaspur Chhattisgarh.
63. Ram Lal Divya Son Of Shri P.K. Divya Aged About 43 Years
Training Superintendent, Industrial Training Institute, Kartala,
District Korba Chhattisgarh.
64. Purnesh Tandan Son Of Shri N.P. Tandan Aged About 44
Years Training Superintendent, Industrial Training Institute,
Katgodi, District : Koriya (Baikunthpur), Chhattisgarh
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65. Homan Ram Nagre Son Of Shri Rama Nagre Aged About 47
Years Training Superintendent, Industrial Training Institure,
Katgodi, District : Koriya (Baikunthpur), Chhattisgarh
... Respondent(s)
For Petitioners : Mr. Uttam Pandey, Advocate
For Respondent-State : Mr. Ajit Singh, Govt. Advocate
For Respondent No.4 : Dr. Sudeep Agrawal, Advocate
DB: Hon'ble Mr. Ramesh Sinha, Chief Justice
Hon'ble Mr. Justice Parth Prateem Sahu
Order On Board
Per Parth Prateem Sahu, J
25.7.2025
1. Petitioners have filed this review petition under Section 114 of
the Code of Civil Procedure, 1908 with the prayer that the
order dated 8.10.2018 passed in WPS No.2595/2017 be set
aside while quashing the amendment Notification dated
3.6.2017 issued by the State Government.
2. Learned counsel for the petitioners would argue that the
guidelines dated 7.1.2016 issued by the Director General of
Training recommending to promote diploma/degree holders
along with CTS holders are not mandatory or binding and
therefore, other State Governments have not implemented
the same in their respective States. However, respondent
State pursuant to guidelines dated 7.1.2016 of the Director
General of Training, Govt. of India, New Delhi, issued the
impugned notification dated 3.6.2017 the holders of CTS are
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also held eligible for being considered for promotion to the
post of Principal II or Group Instructor. This inclusion of
holders of CTS certificate not only amounts to violation of the
guidelines issued by the DOT, standards which are required
to be maintained for the post of Principal but also reduce the
promotional chances of the petitioners and also cause trauma
to the diploma/degree holders in Engineering of working
under certificate holders. He next contended that the
impugned amendment is prejudicial to the interest of
petitioners and other similarly situated persons, it is arbitrary,
discriminatory and violative to the rights of petitioners
guaranteed under Articles 14 and 16 of the Constitution of
India, therefore, the impugned notification dated 3.6.2017 be
quashed.
3. On the other hand, learned counsel appearing on behalf of
respective respondents supported the order under review.
4. Heard learned counsel for the respective parties and perused
the order which is sought to be reviewed.
5. Petitioners herein have preferred writ petition bearing WPS
No.2595/2017 challenging the constitutional validity of
amendment brought in Chhattisgarh Industrial Training
(Gazetted) Service (Recruitment & Conditions of Service)
Rules, 2013 and amendment made therein vide Notification
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dated 3.6.2017. Said writ petition stands dismissed vide
order dated 8.10.2018 observing thus:-
“3. We are not concerned about the other changes.
The attack is on the dilution which has been made
by way of amendment in the year 2017 where not
only the Training Superintendents/Technical
Assistants but also the holders of certificate of
Craftsmen Training Scheme (CTS), issued by the
National Council of Vocational Training (NCVT),
were given avenues of promotion to the post of
Principal Class II / Vice Principal.
4. Argument on behalf of the petitioners is that all
along the Central Government, especially the
Director General of Training, have laid down
minimum standards and requirements for
appointment and promotion in the IITs across the
country and all along they have insisted on a
minimum degree of engineering or diploma in
engineering for any promotion to the post of
Principal Class-II / Vice Principal. However, the
State Government by allowing such certificate
holders of vocational training would be doing
violence to the guidelines as well as standards
which were required to be maintained for holders of
post of Principal Class-II / Vice Principal.
5. Argument advanced on behalf of the petitioners
could have merited consideration provided the
original standards and norms which the petitioners
had talked about remained so and still occupied the
field. There cannot be any argument that the
standards and norms are laid down by the Central
Government and all the State authorities, by and
large, are required to adhere to the same.
7.If the norms and standards have been revisited by
the Central Government, which has the authority to
notify and issue directions, and if the State
authorities thereafter have followed the same and
brought about changes to the Rules to harmonize
the two, merely because these petitioners
10apprehend that new norms may come in the way of
their future promotional prospects by more
claimants, that cannot become a ground for setting
aside such amendment as unconstitutional.
8. Nothing has been pointed out to us as to how the
said amendment notified by the State Government
lacks legislative competence or violates any other
constitutional provision including Articles 14 & 16 of
the Constitution of India.
9. The challenge, therefore, made in these two writ
applications are basically a futile effort to block the
future avenues of promotion which have been
created for the career progression for Instructors of
IITs.”
6. Perusal of the contents of review petition would show that the
only ground upon which review petitioners have harped upon
is the reduction of chances of their promotion because by
way of impugned Notification, the respondent State made
unequal as equal and therefore, action of respondent State is
opposed to the principles enunciated under Article 14 of the
Constitution of India. The grounds raised in review petition
are the same which have already been raised in writ petition
and duly considered and rejected by this Court in the order
sought to be reviewed and therefore, now the review
petitioners will not be again permitted to ask for re-
appreciation of facts and grounds already considered and
decided. No other ground pointed out by the petitioners
showing any manifest error on the record and has not further
brought into notice any new facts, which could not be
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produced earlier despite diligent efforts made by petitioners.
Rather it appears that the petitioners by filing this review
petition seek an opportunity to argue the entire case afresh
on merits, which is not permissible and tenable. It is well
settled in law that in the guise of review, rehearing is not
permissible. In order to seek review it has to be demonstrated
that order suffers from error apparent on the face of record.
The scope of review is very limited and an order or judgment
is open to review only if there is a mistake or an error
apparent on the face of record. Hon’ble Supreme Court in
case of Smt. Meera Bhanja vs Smt. Nirmala Kumari
Choudhury reported in AIR 1995 SC 455 has observed thus:
“8. It is well settled law that the review proceedings
are not by way of an appeal and have to be strictly
confined to the scope and ambit of Order XLVII,
Rule 1, CPC. In connection with the limitation of the
powers of the Court under Order XLVII, Rule 1, while
dealing with similar jurisdiction available to the High
Court while seeking to review the orders under
Article 226 of the Constitution of India, this Court, in
the case of Aribam Tuleshwar Sharma v. Aribam
Pishak Sharma speaking through Chinnappa Reddy,
J. has made the following pertinent observations:
“It is true there is nothing in Article 226 of the
Constitution to preclude the High Court from
exercising the power of review which inheres
in every Court of plenary jurisdiction to
prevent miscarriage of justice or to correct
grave and palpable errors committed by
it…….”
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7. In case of Asharfi Devi (dead) through Lrs Vs. State of
Uttar Pradesh and Ors, reported in (2019) 5 SCC 86, it was
held thus:-
“18. It is a settled law that every error whether
factual or legal cannot be made subject matter of
review under Order 47 Rule 1 of the Code though it
can be made subject matter of appeal arising out of
such order. In other words, in order to attract the
provisions of Order 47 Rule 1 of the Code, the
error/mistake must be apparent on the face of the
record of the case.”
8. In case of Shanti Conductors Pvt. Ltd. vs. Assam State
Electricity Board and others, reported in (2020) 2 SCC 677,
it was held thus:-
“25. …….The scope of review has been reiterated by
this Court from time to time. It is sufficient to refer the
judgment of this Court in Parsion Devi and Others Vs.
Sumitri Devi and Others, (1997) 8 SCC 715, wherein
in paragraph 9 following has been laid down:
“9. Under Order 47 Rule 1 CPC a judgment may
be open to review inter alia if there is a mistake
or an error apparent on the face of the record.
An error which is not self- evident and has to be
detected by a process of reasoning, can hardly
be said to be an error apparent on the face of
the record justifying the court to exercise its
power of review under Order 47 Rule 1 CPC. In
exercise of the jurisdiction under Order 47 Rule
1 CPC it is not permissible for an erroneous
decision to be “reheard and corrected”. A review
petition, it must be remembered has a limited
purpose and cannot be allowed to be “an
appeal in disguise”.”
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9. Keeping in mind the decisions quoted above and considering
the ground raised by review petitioners in this review petition,
this Court is of considered view that review petitioners failed
to point any error apparent on the face of record warranting
review of the order dated 8.10.2018.
10. As a sequel, the review petition, sans susbstratum is liable to
be and is hereby dismissed. No order as to cost.
Sd/- Sd/-
(Parth Prateem Sahu) (Ramesh Sinha)
Digitally Judge Chief Justice
SYED signed
ROSHAN by SYED
ZAMIR ROSHAN
ALI ZAMIR
ALI
roshan/-