1 2025:CGHC:25269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5019 of 2025 1 - Kanwalsay Markam S/o Jagpati Markam Aged About 59 Years R/o Kondagaon, District Kondagaon (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director Public Instruction, Directorate Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.) 3 - Joint Director (Education) Division Bastar, District Jagdalpur (C.G.) 4 - District Education Officer-Cum-Secretary District Yuktiyuktkaran Samiti Kondagaon, District Kondagaon (C.G.) 5 - Block Education Officer Kondagaon, District Kondagaon (C.G.) --- Respondent(s) WPS No. 5041 of 2025 1 - Shairun Nisha W/o Haider Ali Shah Aged About 38 Years R/o Mig-1/792, Hudco Bhilai, District Durg Chhattisgarh SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.18 19:28:52 +0530 2 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Director Public Instruction, Directorate Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur Chhattisgarh 3 - Joint Director (Education) Division Durg, District Durg Chhattisgarh 4 - Block Education Officer Division Durg, District Durg Chhattisgarh 5 - Smt. Sangeera Fatima W/o Mirza Jafar Shah Hussain Aged About 49 Years At Present Posted As Teacher Lb, Posted At Middle School Potiyakala, Block And District Durg Chhattisgarh --- Respondent(s) WPS No. 5040 of 2025 1 - Smt. Durga Jaiswal W/o Shri Chandrashekhar Jaiswal Aged About 43 Years R/o B-1/153, Rama World, Tifta, District - Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through - Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - Director Public Instruction, Directorate Indrawati Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.) 3 - District Education Officer-Cum-Secretary District Yuktiyuktkaran Samiti, Bilaspur, District - Bilaspur (C.G.) 3 4 - Block Education Officer Takhatpur, District - Bilaspur (C.G.) --- Respondent(s) For Petitioner(s) : Ms. Apoorva Ghore on behalf of Mr. Manoj Paranjpe, Advocate For Respondent(s) : Mr. Suyashdhar Badgaiya, Dy. G.A. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 18/06/2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have been declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioners would submit that list of surplus Teachers published by the respondents are against the rationalization instructions, and the same is arbitrary as no proper opportunity of hearing was given to the petitioners, and if the petitioners 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 instructions issued by the State Government. Learned State counsel would further submit that if the petitioners 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 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 petitioners are directed to make fresh representation before the concerned District Rationalization Committee within a period of 05 days from today, and appear before the said Committee on 24th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner within 07 days from the date of receipt of representation in accordance with law, 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 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 sagrika