Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:33124
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7073 of 2025 1 - Ku. Shakuntala Rathore D/o Late Harishankar Rathore Aged About 58 Years Presently Posted As Lecturer (Commerce) Government Higher Secondary School Dashrangpur, 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. Sabyasachi Choubey, Panel Lawyer
Hon'ble
Shri Justice R
avindra Kumar Agrawal
Order on Board VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.25 19:12:23 +0530
2 15/07/2025
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, Dasrangpur, 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, Dasrangpur and has joined on 16.06.2025 there, but there is no Lecturer remains at Sivni school for Commerce subject. There are other adjoining schools available nearby Sivni school, but the same have not been disclosed at the time of counseling. The petitioner was declared surplus at Govt. Higher
3 Secondary School, Sivni on the ground that there is no sufficient students in Commerce subject, but one Smt. Anju Singh has been posted there for Commerce subject. There is total 34 students in class 11th and 12th at Govt. Higher Secondary School, Dasrangpur for Commerce subject and one Lecturer is already posted there and there is no requirement of any other Lecturer (Commerce) at Dasrangpur school. The petitioner raised her grievances by filing her representation on 13.06.2025, but the same has not been considered. Despite availability of sufficient students at Sivni school, she has been declared surplus and she may be accommodated at nearby schools, where sufficient number of Commerce students are there having vacant post of Lecturer (Commerce), therefore her transfer order may be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that under the strict compliance of Rationalization Instructions and the requirement of Lecturer (Commerce) at Govt. Higher Secondary School, Dasrangpur, the petitioner has been transferred there. Considering the sanctioned post of Lecturer (Commerce) at Sivni school, strength of Commerce students and under the Rationalization Instructions, the petitioner has been declared surplus and has been transferred. He would further submit that the petitioner has already joined at Govt. Higher Secondary School, Dasrangpur on 16.06.2025, therefore, the impugned transfer order of the petitioner cannot be quashed and the writ petition is liable to be dismissed. 4
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, Dasrangpur on the ground that under the Rationalization Instructions, there is requirement of Lecturer (Commerce) at Govt.
Higher Secondary School, Dasrangpur, as there are sufficient number of Commerce students and one Lecturer (Commerce) was posted. In compliance of the transfer order dated 07.06.2025, the petitioner has already joined there on
16.06.2025. Though the petitioner has made her representation to the authorities concerned, but it is for the authorities concerned to consider her representation, if any ground is made by her to change the place of posting of the petitioner. In the present petition, the petitioner could not demonstrate any palpable infirmity, which warrants interference and to quash the transfer order of the petitioner under the Rationalization Instructions. 6. 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