1 2025:CGHC:54791 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 12751 of 2025 Samir Kumar Lakra S/o Shri Benjamin Lakra Aged About 45 Years Presently Posted As Teacher Middle School Bongapar, District Janjgir-Champa, R/o Mission Compound, Janjgir, District Janjgir Champa C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary School Education, Government Of Chhattisgarh, Mantralaya Nawa Raipur, District Raipur C.G. 2 - Director, Directorate Of Public Instructions, Indiravati Bhawan Nawa Raipur, District Raipur C.G. 3 - Commissioner, Division Bilaspur District Bilaspur C.G. 4 - Joint Director, Education Division Bilaspur District Bilaspur C.G. 5 - Collector, Janjgir Champa, District Janjgir Champa C.G. 6 - Collector, Mungeli District Mungeli C.G. 7 - District Education Officer, District Janjgir-Champa C.G. 8 - District Education Officer, District Mungeli C.G. ... Respondents For Petitioner : Mr. Aniruddha Shrivastava, Advocate For State : Mr. Suyashdhar Badgaiyan, Dy. Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 11.11.2025 1. The petitioner has filed this petition assailing the order dated 07.06.2025 passed by the Joint Director, School Division, Bilaspur by which he has been transferred from Government Middle School, Bonagapar, District Janjgir Champa to Government Middle School, BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.11.20 11:49:46 +0530 2 Cheenu, District Mungeli on account of rationalization policy. 2. Learned counsel for the petitioner would submit that respondent No. 7 vide order dated 10.06.2025 has stated that 109 posts of Upper Division Teacher are lying vacant. He would further submit that the Joint Director, School Division, Bilaspur by addressing the order dated 04.07.2025 has rejected the claim of the petitioner without recording any reason that why the petitioner cannot be adjusted against the vacant posts. He would further submit that the petitioner has been transferred 110 kms away from his home District which is contrary to Clause 6 of the Rationalization Policy dated 02.08.2024 which stipulates that an inter-District transfer shall be resorted to only when no sanctioned posts are available within the Teacher’s Home District. He would further submit that since 2014 he is imparting education of English subject therefore, he can be very well accommodated in the post which is vacant for English Teacher and would pray for allowing the petition by quashing of the impugned order as well as her transfer order in the garb of rationalization. 3. Per contra learned counsel for the State opposing the submission would submit that the petitioner’s contention that 109 posts are lying vacant is misconceived and it is for the English Teacher only and not for the Arts subject as such he cannot be accommodated for the subject of English. He would further submit that initial appointment of the petitioner is on the post of Arts Teacher, therefore, he cannot claim that he should be accommodated against 109 posts of English Teacher and would pray for dismissing the instant petition. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 3 5. Considering the fact that the petitioner has nowhere mentioned in the writ petition that since long he is posted in the present place of posting though it is incumbent upon the petitioner to make very specific submission since when he is posted then in absence of any such plea it is quite vivid that it cant be very well presumed that the petitioner was posted since very long in the present place of posting and since the rationalization policy has been introduced by the Government to fulfill the shortage of the Teacher for all the faculties not in particular subject, therefore the petitioner’s claim to accommodate on the post of English Teacher cannot be claimed as a matter of right as his appointment was in the Arts subject only, therefore, he can be posted as Teacher Arts only. 6. From the records, it is also quite vivid that there are 187 students at Bongapar and number of Teachers required for imparting education is 07 whereas only 04 Teachers have been posted as such there is deficiency in the teaching faculty, therefore, the petitioner has been transferred and posted by way of rationalization which does not suffer from perversity, illegality. Considering the entire facts and circumstances of the case no case for interference is made out. 7. Accordingly, the instant writ petition is dismissed. Sd/- (Narendra Kumar Vyas) Judge Bhumika