Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:44043
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9561 of 2025 1 - Manoj Gautam S/o Matadin Gautam Aged About 48 Years R/o Quarter No. 32/f, Street No. 03, Sector 03, Bhilai District Durg Chhattisgarh
... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh 2 - The Collector/ Chairman Swami Atmanand English Medium School Management And Operation Committee District Durg Opposite District Panchayat, G.E. Road, Durg Chhattisgarh 3 - Joint Director Education Durg Division, District Durg Chhattisgarh 4 - District Education Officer Durg, District Durg Chhattisgarh 5 - District Education Officer Balod, District Balod Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Tapan Kumar Chandra, Advocate. For Respondent(s) : Mr. Sabyasachi Choubey, Panel Lawyer. Hon'ble
Shri Justice R
avindra Kumar Agrawal, J.
Order on Board 29/08/2025
1. The petitioner has filed the present writ petition claiming the following reliefs:
“10.1 That, this Hon’ble Court may kindly be pleased to set-aside/quash the above impugned order dated 06.08.2025 and set aside the order of cancellation of NOC (No Objection Certificate) which was earlier issued to the petitioner. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.08.30 14:51:46 +0530
2 10.2 That, the Hon’ble Court may kindly be pleased to grant any other relief, as it may deem-fit and appropriate.”
2.
Learned counsel for the petitioner would submit that the petitioner is presently posted as Lecturer E-cadre at Govt. Higher Secondary School, Bharda. On 30.07.2025, he applied for grant of No Objection Certificate (in short “NOC”) to the Respondent No. 4, which was granted to him for deputation in the Swami Atmanand Excellence English /Hindi Medium School, District Durg. Pursuant to the (NOC) granted by the Respondent No. 4, he was selected for posting at Swami Atmanand Excellence English /Hindi Medium School, District Durg and a list was issued for eligible candidates in which the name of the petitioner is find place at serial No. 9. However, during the process of the selection, the (NOC) granted to the petitioner has been cancelled by the Respondent No. 4 vide order dated 06.08.2025 Annexure P/1, and thereby the petitioner is deprived to join at Swami Atmanand Excellence English /Hindi Medium School, District Durg. He would further without giving any opportunity of hearing the (NOC) has been cancelled. It cannot be done by the Respondent No. 4, therefore, the cancellation order dated 06.08.2025 Annexure P/1 may be quashed.
3. On the other hand, learned counsel for the State opposes the
submissions made by learned counsel for the petitioner and submits that to rationalize the teachers in the school, the authorities have decided not to grant (NOC) for posting of the teachers at Swami Atmanand Excelelnce English /Hindi Medium School, District Durg, therefore, by a general order all the (NOC) granted to the teachers
3 have been cancelled vide order dated 06.08.2025. He would further submits that it is for the authorites concerned to grant or not to grant the (NOC) and the petitioner cannot claim as a matter right, therefore, there is no cancellation order dated 06.08.2025 and the petition liable to be dismissed.
4. I have heard learned counsel for the parties and perused the material annexed with the petition.
5. True, it is initially No Objection Certificate is granted to the petitioner for his posting at Swami Atmanand Excellence English /Hindi Medium School, District Durg. However, vide order dated 06.08.2025 the said (NOC) issued to the teachers/ lecturers/principals have been cancelled with immediate effect.
6. The submissions made by learned counsel for the petitioner that to rationalize the teachers in the school, they decided not to grant (NOC) to the teachers/lecturers/principals for their posting at Swami Atmanand Excellence English /Hindi Medium School, which in the opinion of this Court cannot be said to be arbitrary or affect the service career of the petitioner adversely. In the public interest and administrative exigency as well as rationalization of the teachers if the State decided not to grant (NOC) for posting of the teachers / lecturers to Swami Atmanand Excellence English /Hindi Medium School. It is under their power to decide grant NOC or not to grant NOC to the teachers/lecturers concerned.
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7. I do not find any infirmity or illegality in the order dated 06.08.2025 issued by the Respondent No. 4 to cancelling the (NOC) granted to the petitioner.
8. Accordingly, the present writ petition is liable to be and is hereby dismissed.
9. The petitioner is at liberty to made his representation again to the State authorities and the State authorities may consider the representation of the petitioner in accordance with law without influencing by this order. Sd/- (Ravindra Kumar Agrawal) Judge Alok