1 2025:CGHC:25931 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4880 of 2025 1 - Smt. Aparna Tripathi W/o Shri Virendra Tripathi, Aged About 42 Years, Presently Posted as Lecturer (Biology) At Govt. Higher Secondary School Mohadi, Block Dharsiwa, District Raipur Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through its Secretary, Department of School Education, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur, Chhattisgarh 2 - The Director, Directorate Public Instruction, First Floor, C Block, Indravati Bhavan, Naya Raipur, District - Raipur Chhattisgarh 3 - The Divisional Joint Director, Education Division Raipur District Raipur Chhattisgarh 4 - The District Education Officer, District Raipur Chhattisgarh 5 - The Block Education Officer, Block Dharsiwa, District Raipur Chhattisgarh 6 - Smt. Sushila Tirkey Presently Posted as Lecturer (Biology) at Govt. Higher Secondary School Mohadi, Block Dharsiwa, District Raipur Chhattisgarh 7 - Shri Nagendra Kumar Diwan Presently Posted as Lecturer (Biology) at Govt. Higher Secondary School Parsuli, Block Bagbahara, District Mahasamund Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Sandeep Dubey, Advocate. For State-Respondents : Mr. S.P. Kale Addl. Advocate General with Mr. Shreyansh Mehta, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 19-06-2025 1. By way of this writ petition, the petitioner is challenging the impugned transfer Digitally signed by MOHAMMAD AADIL KHAN 2 order and action of the respondents whereby the petitioner has been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner 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 and if the petitioner is not granted interim relief, she will suffer with irreparable loss. He would further submit that the provisions of Clause 7(c)(3) of the Rationalization Instructions dated 02-08-2024 has been violated as junior among others is to be declared as surplus teachers, whereas, in the present case, the petitioner is senior to other candidates, yet she has been declared as surplus and her services have been transferred from Govt. Higher Secondary School Mohadi, District Raipur (C.G.) to Govt. Higher Secondary School Parsuli, Block Bagbahara, District Mahasamund (C.G.). 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 petitioner has been transferred under the rationalization instructions issued by the State Government. He would further submit that if the petitioner is having any grievance, she may move fresh representation before the concerned Divisional Rationalization Committee and the Committee will take a decision on her 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 is directed to make fresh representation before the concerned Divisional Rationalization Committee within a period of five days from today, and appear before the said Committee on 25th June, 2025. Thereafter, the Divisional Rationalization Committee shall decide the representation of the 3 petitioner within seven days from the date of receipt of representation in accordance with law particularly in view of Clause 7(c)(3) of the Rationalization Instructions dated 02-08-2024 in objective manner. Till decision on the representation is communicated to the petitioner, the impugned transfer order issued under Teacher Rationalization Instructions, so far as the petitioner is concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil