1 2025:CGHC:27368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6009 of 2025 1 - Rakesh Singh Thakur S/o Shri Pawan Singh Thakur Aged About 50 Years R/o Ward No.5, Akara, Patan District - Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa- Raipur Chhattisgarh 2 - Directorate Of Public Instruction, Indrawati Bhawan, District - Raipur, Chhattisgarh 3 - Joint Director, Department Of Education, Block- Durg, District Durg- Chhattisgarh 4 - Collector Durg, District - Durg Chhattisgarh 5 - District Education Officer, District- Durg, Chhattisgarh ... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Gagan Tiwari, Advocate For Respondent(s)/ State : Mr. Shreyansh Mehta, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 24/06/2025 1. By way of this writ petition, the petitioner is challenging the impugned transfer order and action of the respondents, whereby the petitioner has been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.25 12:05:40 +0530 2 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, he 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 he has been declared as surplus and his services have been transferred from his present place of posting to other place. 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, he may move fresh representation before the concerned Divisional Rationalization Committee, who in turn will take a decision on his 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 1st July, 2025. Thereafter, the Divisional Rationalization Committee shall decide the representation of 3 the 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 ved