Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 35273 (CHH)

SMT. SUSHILA CHOUBEY v. STATE OF CHHATTISGARH

WPS/8190/2025 · 2025-07-28

Shri Ravindra Kumar Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:37028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8190 of 2025 1 - Smt. Sushila Choubey W/o Gopal Hari Choubey Aged About 42 Years Teacher (Lb) Government Middle School Jhulan Block Pamgarh District Janjgir-Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar, Ps And Po Rakhi, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.) 3 - Divisional Joint Director Education Division Bilaspur District Bilaspur (C.G.) 4 - District Education Officer Janjgir-Champa District Janjgir-Champa (C.G.) 5 - Smt. Usha Soni Head Master Government Middle School Bijaor Block Bilha District Bilaspur (C.G.) 6 - Smt. Jyoti Parmar Head Master Government Middle School Risda Block Masturi District Bilaspur (C.G.) 7 - Smt. Vibha Soni Head Master Government Middle School Matiyari Block Masturi District Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Shivashish Mishra, Advocate. For Respondent(s) : Ms. Smita Jha, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 29/07/2025 ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.09.26 19:19:21 +0530 2 1. The petitioner has filed the present writ petition for a direction to the Respondent authorities to change her place of posting and prayed the following relief in the writ petition: “10.1 The Hon'ble Court may kindly be pleased to direct the respondent State to consider the change of posting place of the petitioner i.e. Government Middle School Lingiyadih Block Bilha District Bilaspur in place of Government Middle School Bhuigoan Block Pamgarh District Janjgir-Champa. 10.2 The Hon'ble Court may kindly be pleased to direct the respondent State to grant any other relief which this Hon'ble Court deems fit and proper in favour of the petitioner as per the facts & circumstance of the present case, in the ends of justice.” 2. Learned counsel for the petitioner would submit that the petitioner was posted as Teacher (LB) at Govt. Middle School Jhulan, Block Pamgarh, District Janjgir-Champa and she has been promoted to the post of Headmistress vide order dated 01.05.2025, and she has been posted to Govt. Middle School, Bhuigaon, Block Pamgarh, District Janjgir-Champa. He would further submits that although the counselling was done for placement of the promoted candidates, however, a list has already been prepared before counselling in which the name of the petitioner is find place at serial No. 35. Fair and transparent process of counselling has not been done by the authorities and they adopted pick and choose method, there is complete violation of counselling guideline for posting of the promoted candidates and the juniors to the petitioner have been given and posted on their choice of place of posting, whereas the petitioner has been denied for her posting at her desired place. Against the order of posting, the petitioner made a representation on 06.05.2025 to the Respondent No. 3, but the same has not been considered. Hence, she filed the present writ petition. 3. On the other hand, learned counsel appearing for the State on instruction would submit that after giving proper opportunity at the time of counselling, 3 which was held on 30.04.2025, the order of their posting was issued on 01.05.2025. The petitioner, as well as other candidates, has been posted either on their own choice or in the vacant post available at the respective schools. After getting the promotion, the petitioner has to be posted at the correct place where the vacant post of Headmaster was available, and she has been posted at Govt. Middle School, Bhuigaon. She cannot claim to be posted at Govt. Middle School, Jhulan. Therefore, there is no ground available to the petitioner for her posting at the same place, and the writ petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material annexed with the petition. 5. The claim of the petitioner in the present writ petition is for change of her place of posting and to remain posted at the Government. Middle School, Jhulan, as other candidates are posted at the same place. The petitioner could not deny that she was called for counselling, which was to be held on 30.04.2025. Though she stated that prior to the counselling, a list had been published, but from perusal of the document (annexure P/3), which is the list of Teachers (LB) who were promoted to the post of Headmaster and called for counselling, the place of their posting has not been mentioned in it. After the counselling held on 30.04.2025, the posting order of the Headmasters has been issued on 01.05.2025, by which the petitioner has been posted at Govt. Middle School, Bhuigaon. The petitioner could not demonstrate any palpable infirmity or arbitrariness in issuing the posting order dated 01.05.2025. She cannot claim as a matter of right to be retained posted at her present place of posting from where she has been promoted, but it is for the authorities concerned to consider the requirement of her posting in the schools where the post of Headmaster was lying vacant and thereby the authorities have issued the order of posting. Though some of the candidates may have been posted at the same place but it does not mean that the 4 petitioner would also be posted at the same place. From the facts and circumstances of the case, as well as documents annexed with the petition, this Court does not find any scope for interference or to direct the authorities to change the place of posting of the petitioner. 6. Accordingly, the writ petition sans merit and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge Alok