SMT. MINAKSHI SINHA RATHORE v. STATE OF CHHATTISGARH
WPS/4561/2025 · 2025-06-15
Shri Ravindra Kumar Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26877 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26877 (CHH) · dailylaw.ai ]
Judgment text
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1
2025:CGHC:24303
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4561 of 2025 1 - Smt. Minakshi Sinha Rathore W/o. Shri Akhilesh Singh Rathore Aged About 43 Years Profession - Teacher (English), Shasakiya Purva Madhyamik Shala, Kududand, R/o. Village - Kududand, Bilaspur, District - Bilaspur (C.G.)
--- Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary, School Education Department, Mantralaya,
Naya
Raipur,
District
-
Raipur
(C.G.) 2 - Director Directorate Of Public Instructions, Chhattisgarh, Naya Raipur, District - Raipur
(C.G.) 3 - Collector/chairman District Level Rationalization Committee, District - Bilaspur (C.G.) 4 - District Education Officer Bilaspur, District - Bilaspur (C.G.) 5 - Block Education Officer Bilha, District - Bilaspur (C.G.)
--- Respondent(s) WPS No. 4569 of 2025 1 - Rajdeep Manu S/o Shri Sammandas Manu Aged About 42 Years Pesha - Shikshak L.B. Vigyan Shaskiya Purv Madhyamik Kanya Shala Tarbahar Vikaskhand Bilha, Nivasi Gram Tarbahar Tahsil Va Jila Bilaspur Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Sachiv, School Shiksha Vibhag, Mantralay Naya Raipur, Jila Raipur Chhattisgarh. 2 - Sanchalak Lok Shikshan Sanchalnalay Chhattisgarh, Naya Raipur, Jila Raipur Chhattisgarh. 3 - Collector / Adhyaksh Jila Stariya Yuktiyuktkaran Samiti Jila Bilaspur Jila Bilaspur Chhattisgarh. 4 - Jila Shiksha Adhikari Bilaspur Jila Bilaspur Chhattisgarh . 5 - Vikaskhand Shiksha Adhikari Vikaskhand Shiksha Adhikari, Bilha Jila Bilaspur Chhattisgarh. --- Respondent(s) WPS No. 4582 of 2025 1 - Vijay Kaushik S/o Shri Gulabchand Kaushik Aged About 43 Years Occupation - Sahayak Sikhak Saskiya Prathmik Shala Kanya Khamhariya, Vikaskhand Takhatpur, Nivasi - Gram Khamhariya Tahsil, Jila - Bilaspur (C.G.)
---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Sachiv, School Siksha Vibhag, Mantralaya Naya Raipur, Jila Raipur (C.G.) 2 - Sanchalak Lok Sikhan Sanchalaya Chhattisgarh, Naya Raipur, Jila Raipur (C.G.)
2 3 - Collector/ Aadhyaksh Jila Stariya Yuktiyuktkaran Samiti Jila Bilaspur, Jila Bilaspur (C.G.) 4 - Jila Siksha Adhikari Bilaspur Jila - Bilaspur ( C.G.) 5 - Vikaskhand Siksha Adhikari Takhatpur, Jila Bilaspur, (C.G.)
--- Respondent(s) WPS No. 4658 of 2025 1 - Smt. Yashoda Nagvanshi W/o Shri Rajesh Nagvanshi Aged About 39 Years Pesha - Sahayak Shikshak L.B. Shaskiya Prathamik Shala Kutipara Niwasi Gram Kutipara / Mopka Tahsil Bilha Jila Bilaspur Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Sachiv, School Shiksha Vibhag, Mantralaya Naya Raipur, Jila Raipur Chhattisgarh. 2 - Sanchalak Lok Shikshan Sanchalnalay Chhattisgarh, Naya Raipur, Jila Raipur Chhattisgarh.
3 - Collector /adhyaksh Jila Stariy Yuktiyuktkaran Samiti Jila Bilaspur, Jila Bilaspur Chhattisgarh. 4 - Jila Shiksha Adhikari Bilaspur, Jila Bilaspur Chhattisgarh. 5 - Vikaskhand Shiksha Adhikari Bilha Jila Bilaspur Chhattisgarh. --- Respondent(s) For Petitioners : Shri Abdul Wahab Khan, Advocate. For State : Shri Suyash Dhar, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J
Order
on Board
16.06.
202
5
1. By way of these writ petitions, the petitioner(s) is/are challenging the impugned transfer order and action of the respondents whereby the petitioner(s) have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions.
2.
Learned counsel for the petitioner(s) would submit that list of surplus Teachers published by the respondents is against the rationalization instructions and the same is arbitrary as no proper opportunity of hearing was given to the petitioner(s) and if the petitioner(s) are not granted interim relief, they will suffer with irreparable loss. Therefore, the impugned order is liable to be set aside.
3.
Learned counsel for the State would submit that after due verification of records the petitioners have been transferred under the rationalization
3 instructions issued by the State Government. He would further submit that if the petitioner(s) are having any grievance, they may move fresh representation before the concerned District Rationalization Committee and the Committee will take a decision on their representation in accordance with law within a stipulated period.
4. I have heard learned counsel for the parties and perused the pleadings and documents.
5. In view of submissions made by learned counsel for the parties, the petitioner(s) are directed to make fresh representation before the concerned District Rationalization Committee within a period of five days from today and appear before the said Committee on 20th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner(s) within seven days from the date of receipt of representation in accordance with law in objective manner. Till decision on the representation is communicated to respective petitioner(s), the impugned transfer order issued under Rationalization Instructions, so far as petitioner(s) are concerned, be kept in abeyance.
6. With the aforesaid observation and direction, all the writ petitions stand
disposed of. Sd/- (Ravindra Kumar Agrawal) Judge inder