2025:CGHC:47187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9848 of 2025 1 - Mahendra Singh Gendley S/o Late Shri Laxmi Dayal Gendley Aged About 42 Years Occupation - Service Posted As Teacher At Govt Middle School Kosma, Block- Mungeli, District- Mungeli (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary School Education Department Mahanadi Bhawan Capital Complex, Mantralaya Atal Nagar Naya Raipur District- Raipur (Chhattisgarh) 2 - Director Public Instruction Directorate First Floor, C Block Indravati Bhawan Atal Nagar Naya Raipur Distt- Raipur (C.G.) 3 - Joint Director Education Bilaspur Division Bilaspur Distt- Bilaspur (C.G.) 4 - District Collector Mungeli And President Of District Rationalization Committee Mungeli, District- Mungeli (C.G.) 5 - District Education Officer Mungeli/ Secretary District Rationalization Committee Mungeli District- Mungeli (C.G.) 6 - Block Education Officer Mungeli Distt- Mungeli (C.G.) KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.12.09 11:03:40 +0530 7 - Headmaster Govt Middle School Kosma, Block- Mungeli District- Mungeli (C.G.) ---- Respondents For Petitioner : Mr. Sunil Sahu, Advocate. For State : Mr. Anmol Sharma, Panel Lawyer. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 15.09.2025 1. The petitioner by way of the present petition has challenged order dated 08.08.2025 (Annexure P/1) passed by the Joint Director Education Division Bilaspur, order dated 23.06.2025 and 03.06.2025 passed by the District Education Officer and Secretary District Rationalization Committee by which the services of the petitioner has been transferred from Govt. Middle School, Kosma to Govt. Middle School, Dullapur in the Lormi Development Block. 2. The brief facts as reflected from record are that the petitioner is a science teacher joined on 16.06.2016 at the present place of posting, thereafter, he remained there for more than 9 years. Now, the State Government with intention to rationalize the infrastructure and teaching facilities throughout the State has introduced Rationalization Policy in the year 2024. The petitioner’s service has been transferred to Govt. Middle School Dullapur on the count that he is junior and he is surplus in the school set up. 3. Learned counsel for the petitioner would submit that the appellate authority as well as the District Education Officer has not taken into consideration the true and correct facts and wrongly applied the ratio considering the total number of the students in the school as 104 whereas the actual strengh of the school is 107. While counting the strengh of the school with malafide intention they have treated 3 students are not continuing and calculated the strength of the school as 104 and applied the policy of posting 1 Head Master and 3 teachers. As such, the policy has been wrongly applied. As per the policy since 107 students have taken admission in the school, 1 Headmaster and 4 Teachers should be deployed, therefore, he would pray for quashment of the impugned orders. 4. Per contra, learned State counsel opposing the submission would submit that the Headmaster who has been appointed in the school and the petitioner both are science teachers and remaining are; One English Teacher, One Maths Teacher and One Arts teacher, as such, only science teacher is available as surplus in the school for transfer as such, the impugned order has been passed which is in conformity with the policy therefore, would pray for dismissal of the petition. 5. I have heard learned counsel for the parties and perused the documents placed on record with utmost satisfaction. 6. From the records, it is quite vivid that as per Clause 7(B)(2) of the policy the schools where admission number is 105 or less, there shall be a Headmaster and three teachers. In addition to this, the teachers posted will be considered as surplus. While calculating the surplus in the middle school, the number of teachers posted in both the schools including the headmaster as well as subject of teaching is to be taken into consideration. As per Clause 7(B)(3) of the policy where the number of students is 106 to 140, five teachers including the headmaster will be posted. Similarly, one additional teacher will be posted for every 35 students. 7. Even if the submission of the learned counsel of the petitioner that in the school there are 107 students is taken as true, it is not in dispute that there are two science subject teachers in the same school, therefore, on this count alone the petitioner is surplus teacher in the school. Thus, the petitioner has been rightly transferred on account of rationalization. 8. In view the above-stated discussion and considering the facts of the case, I do not find any irregularity in the impugned orders, which warrant any interference by this Court. 9. Accordingly, the instant petition is liable to be and is hereby dismissed. No order as to costs. Sd/- (Narendra Kumar Vyas) Judge Deshmukh