2025:CGHC:26979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5018 of 2025 Bhuneshwar Singh Kanwar S/o. Pardeshi Singh Kanwar Aged About 40 Years Lecturer (Commerce), R/o. Village - Nevsa, Post - Utarda, Tahsil - Hardi Bazar, District - Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - Director, Directorate Of Public Instruction Indrawati Bhawan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 3 - Joint Director Educational Division, Bilaspur, District - Bilaspur (C.G.) 4 - District Education Officer Korba, District - Korba (C.G.) 5 - District Education Officer Raigarh, District - Raigarh (C.G.) ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Syed Majid Ali, Advocate For Respondents/State : Shri Suyash Dhar Badgayya, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23.06.2025 1. Heard. 2. By this petition, petitioner has sought for the following reliefs : “10.1 That, this Hon’ble Court may kindly be pleased to quash/set-aside the impugned transfer dated 07.06.2025 (Annexure P-1), so far as it relates to transfer of the petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to continue his services at the present place of posting. Wps 5018 of 2025 2 10.3 That, the Hon’ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.” 3. Learned counsel for the petitioner would submit that petitioner is appointed in the year 2018 on the post of Lecturer (Commerce) in the State of Chhattisgarh. Vide impugned order dated 07.06.2025 (Annexure P1), he has been transferred from PM-Shri Sages School, Balco, District Korba to the Govt Higher Secondary School, Bagudega, Block-Lailunga, District-Raigarh(CG). As the petitioner is also a NCC Officer in PM-Shri Sages School, Balco, he has been duly granted commission in Senior Division of NCC issued by Lieut. General, Director General NCC. By the impugned order, the petitioner has been transferred to the Government Higher Secondary School, Bagudega, and the said institute does not have NCC Program, therefore, the transfer order though mentioning administrative exigency, is not justified for the reason that as on now, 29 Cadets are being trained in the said Institution, and no one has been transferred in place of petitioner, which adversely affect the ongoing NCC Course. He further submits that the said transfer order has been passed without consulting the Directors of NCC as per Circular dated 18.02.1986 (annexure P5). In this regard, the State of Madhya Pradesh has issued executive instructions which are also effective in the State of Chhattisgarh, that in a case of transfer of any NCC Officer, the transfer has to be done with consultation of concerned Directorate of NCC. As such, the transfer order is to be set aside/quashed so far as it relates to transfer of the petitioner, and this Court may kindly be pleased to direct the respondent authorities to allow the petitioner to continue his services at the present place of posting. 4. Learned State Counsel opposes the above prayer made by learned counsel for the petitioner. Wps 5018 of 2025 3 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. On perusal of the record, there is no dispute on the point that the petitioner is working as Lecturer (Commerce) at the PM-Shri Sages School, Balco District Korba, and vide order dated 07.06.2025 (Annexure P/1), he has been transferred to the Govt Higher Secondary School, Bagudega, Block- Lailunga, District-Raigarh(CG), without consultation with the concerned Directorate of NCC. As per Circular dated 18.02.1986 (Anneuxre P/5), it is necessary that before transferring an NCC Officer, consultation with the concerned Directorate of NCC would be necessary. In Para-2 of the said circular, it is mentioned as under : " अतः महानिदे शक, राष्ट्री य छात्र से , ई निदेल्ली क पत्र क्रमक 5152/8 डीजीएसेसे/पसे. (4) निदेक 3.1.86 ( प्रनितःनिनिप सेग्न) परा नि!चारा करा निर्णय निय गय हा% निक प्रदे श म& एसेसे क अशकनि अनि'करिराय) क स्थान्तरार्ण करा क प-! इसे सेबं' म& उप महानिदे शक, राष्ट्री य छात्र से , म०प्र० क भी सेहा प्रप्त क जी आ!श्यक हा)ग।" 7. Looking to the aforesaid facts and circumstances of the case and in view of the Circular dated 18.02.1986 (Anneuxre P/5), the impugned order dated 07.06.2025 (Annexure P/1) in respect of the petitioner is set aside/quashed. 8. However, liberty is reserved to the State-respondent to pass any appropriate transfer order in accordance with law/rules and with consultation of the Directorate of NCC. 9. Accordingly, the instant writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma Digitally signed by V PADMAVATHI Date: 2025.06.25 14:18:04 +0530