1 2025:CGHC:33271 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6942 of 2025 1 - Smt. Krishna Devi Sahu W/o Hemant Kumar Sahu Aged About 39 Years Presently Posted As Lecturer (Commerce) Government Higher Secondary School Kona, Block And District Mungeli Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Atal Nagar Raipur District Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur Chhattisgarh 3 - Divisional Joint Director Education Division Bilaspur District Bilaspur Chhattisgarh 4 - Collector District Janjgir-Champa Chhattisgarh 5 - District Education Officer District Janjgir-Champa Chhattisgarh 6 - District Education Officer District Mungeli Chhattisgarh ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Mateen Siddiqui, Advocate For Respondent(s)/State : Mr. Kanwaljeet Singh Saini, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.25 19:11:23 +0530 2 16/07/2025 1. The petitioner has filed the present writ petition against the impugned transfer order dated 07.06.2025, whereby the petitioner, who is Lecturer (Commerce) has been transferred from Govt. Higher Secondary School, Sivni, Block Nawagarh, District Janjgir-Champa to Govt. Higher Secondary School, Kona, Block Mungeli, District Mungeli under the Rationalization Instructions dated 02.08.2024 and prayed the following reliefs in the writ petition :- “10.1 That this Hon'ble Court may kindly be pleased to set-aside/ quash the impugned transfer/posting order Dated 07.06.2025 issued by respondent Joint Director, School Education Bilaspur. 10.2 To kindly grant any other writ/ writs, order/ orders, relief/ reliefs in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner would submit that the petitioner is presently posted as Lecturer (Commerce) at Govt. Higher Secondary School, Sivni, Block Nawagarh. Under the Rationalization Instructions dated 02.08.2024, the petitioner was declared as surplus and list of surplus Lecturers have been published. She has been transferred to Govt. Higher Secondary School, Kona and has joined on 10.06.2025 there, but there is no post and no student of commerce available at Govt. Higher Secondary School, Kona, Block Mungeli, therefore, the transfer of the petitioner is against clause 7(C) of the Rationalization Instructions dated 02.08.2024. He referred the document (Annexure P/4), which is the class-wise strength of the students at Govt. Higher 3 Secondary School, Kona and submits that there is no student of Commerce in class 11th and 12th, therefore, her transfer order may be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that since there was no Lecturer for Commerce subject at Govt. Higher Secondary School, Kona, the students were not taking admission in Commerce subject and for that reason the strength of Commerce students is shown as Nil in the document (Annexure P/4). However, in the said document, a note has been appended that in the Session 2025-26, after posting of the Lecturer (Commerce) the said faculty would be started. He would further submit that the petitioner has already joined there at Govt. Higher Secondary School, Kona on 10.06.2025 and 06 students of Commerce subject have taken admission in the school, therefore, the petitioner may not have any grievance against her transfer order under the Rationalization Instructions and further she has already joined there at the place of her transfer, therefore, no relief can be granted to the petitioner in the present writ petition and the writ petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the documents annexed with the petition. 5. The petitioner is challenging her transfer order dated 07.06.2025, by which she has been transferred from Govt. Higher Secondary School, Sivni to Govt. Higher Secondary School, Kona on the ground that 4 there is no post of Lecturer (Commerce) and no student of Commerce subject were available. From the document (Annexure P/4), though it appears that there is no student in Commerce subject for the Session 2024-25 at Govt. Higher Secondary School, Kona in class 11th and 12th, but in the same document a note was appended that :- “टीप:- सन 2024-25 (शिक्षा सत्र) मे शिक्षा के अभाव में वाशिज्य संकाय संचालित नहीं था। शिक्षा सत्र 2025-26 में इस संस्था मे वाशिज्य संकाय के पदस्थापना होने के कार उक्त संकाय संचालित किकया जायेगा।” 6. As per the instructions submitted by the State counsel, after joining of the petitioner on 10.06.2025 at Govt. Higher Secondary School, Kona, 06 students of Commerce subject in class 11th have taken admission in the school, which supported the document (Annexure P/4) that there was no Lecturer for Commerce subject in the Session 2024-25, the Commerce faculty was stopped and after posting of the Lecturer (Commerce) in the school, the Commerce faculty would be started. Since, the petitioner has already joined there at her transferred place of posting i.e. Govt. Higher Secondary School, Kona and the students of Commerce subject are taking admission in the school, no ground is being made out by the petitioner to quash her transfer order dated 07.06.2025. 7. In view of the above facts and circumstances of the case, no case for interference with the impugned transfer order is made out. Accordingly, the writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved