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2025 DAILYLAW 11004 (CHH)

DR. RAKESH KUMAR KURRE v. STATE OF CHHATTISGARH

WPS/1792/2023 · 2025-08-17

Shri Amitendra Kishore Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:41555 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1792 of 2023 1 - Dr. Rakesh Kumar Kurre S/o Shri Dilip Kumar Kurre Aged About 38 Years R/o Geeta Sadan, Behind Tripur Auto, Bharati Nagar, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Nava Raipur, District : Raipur, Chhattisgarh 2 - Commissioner Directorate Of Higher Education, Indrawati Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh 3 - Under Secretary Higher Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, District : Raipur, Chhattisgarh 4 - Additional Director Directoate Of Higher Education, Indrawati Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh 5 - Principal Govt. J.M.P. College Takhatpur, District : Bilaspur, Chhattisgarh 6 - Smt. Rashmi Jain Assistant Professor, J.M.P. College, Takhatpur, District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Adarsh Rajpur, Advocate on behalf of Mr. Rajnish Singh Baghel, Advocate For Respondent(s) : Mr. Devesh G. Kela, Panel Lawyer ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 For Respondent No.6 : Mr. Sibasish Mishra, Advocate on behalf of Mr. Mateen Siddiqui, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 18.08.2025 1. In this petition, following reliefs have been sought: "10.1 Hon’ble Court may be kind and gracious enough to call for the records of the case from the respondents. 10.2 Hon’ble Court may be kind be pleased to quash and set aside the impugned order dated 24.02.2023 (P/1) issued by respondent no.4 by issuance of writ of mandamus or any other writ/writs, order/orders or direction/directions. 10.3 Any other relief/relief’s which Hon’ble court may deem fit in the facts and circumstances of the instant case. 2. Learned counsel for the petitioner submits that the petitioner was transferred by order dated 24.02.2023 (Annexure P/1) from Thakur Shobha Singh Shaskiya Mahavidyalaya, Pathalgaon, District Jashpur, to Government J.M.P. Mahavidyalaya, Takhatpur, District Bilaspur. 3. It is further submitted that the said transfer order was passed merely to accommodate Respondent No. 6. Pursuant to the interim order dated 09.03.2023 passed by this Court, the petitioner was permitted to continue at Government J.M.P. College, Takhatpur till the next date of hearing. As considerable time has elapsed, learned counsel 3 contends that the transfer order has lost its efficacy and the petition deserves to be allowed. 4. Per contra, learned counsel for Respondent No. 6 submits that, vide fresh transfer order dated 07.07.2025, Respondent No. 6, Smt. Rashmi Jain, has again been transferred to a different posting within District Bilaspur. In view of this development, it is submitted that the cause of action no longer survives and the petition has become infructuous. 5. Having considered the submissions of learned counsel for the parties and upon perusal of the record, this Court is of the considered view that, in light of the subsequent transfer of Respondent No.6, there is no effective relief survives in the present writ petition now. The challenge to the earlier transfer order dated 24.02.2023 (Annexure P/1) has thus become infructuous. 6. Accordingly, the writ petition is dismissed as infructuous. 7. However, it is made clear that the dismissal of this petition shall not preclude the respondent-State authorities from passing a fresh order of transfer in respect of the petitioner, if any exigency so requires, uninfluenced by the present order. Sd/- (Amitendra Kishore Prasad) Judge Saxena