2025:CGHC:50854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11368 of 2025 1 - Jitesh Kumar Thakur S/o Shri Dashrath Singh Thakur Aged About 44 Years Posted As Lecturer At Government Higher Secondary School Sirpur Block And District- Mahasamund, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhavan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh. 2 - Directorate Of Public Instructions (Dpi) Through Its Director, Indravati Bhawan, Naya Raipur, District- Raipur, Chhattisgarh. 3 - District Education Officer District Mahasamund, Chhattisgarh. 4 - Collector District Mahasamund, Chhattisgarh. 5 - Principal Government Higher Secondary School, Sirpur, Block And District- Mahasamund (C.G.) 6 - Principal Government Higher Secondary School, Amlor, Block And District- Mahasamund (C.G.) ---- Respondents KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.10.14 11:01:53 +0530 For Petitioner : Mr. Ajay Kumrani, Advocate For State : Mr. Suyash Dhar, Dy. Govt. Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 13.10.2025 1. By way of present petition, the petitioner has challenged order dated 01.06.2025 issued by the respondent No. 3 whereby he has been transferred in view of the Rationalisation Policy from Govt. Higher Secondary School, Sirpur, Block Mahasamund to Govt. High School , Almor, Block Mahasamund. The petitioner has also challenged the order dated 11.07.2025 by which his representation has been rejected by the District Level Committee and order dated 09.09.2025 by which his appeal/representation has been rejected by the Divisional Level Committee. 2. Learned counsel for the petitioner would submit that the petitioner is working as Lecturer (Biology) and the strength of the present School is 241 wherein he has to teach science subject;Biology, Chemistry and Physics for 9th and 10th and Biology for 11th and 12th. There are two Biology teachers working in the institution. If the petitioner is transferred, the entire set up will be affected and the teachers have to teach more than the prescribed periods assigned to the teachers by the State. He would further submit that the place where he has been transferred, the strength of the School is only 56 and already a science teacher is posted at that institution, as such there is no justifiable reason to the State to declare the petitioner as Surplus in view of rationalisation. 3. Per contra, learned State counsel opposing the submission would submit that in the present institution there are one Chemistry Teacher and two Biology Teachers working in the present institution and for imparting education in science subject to classes 9 to 10 one teacher is sufficient. whereas in the High School at Almor there is no science teacher, only one Social Science teacher and one English teacher are posted, therefore, a science teacher is required at High School, Almor and the petitioner being junior to another Biology teacher, he has been rightly declared as Surplus, therefore, the State has rightly took the decision to transfer the petitioner on rationalization and would pray for dismissal of the petition. 4. I have heard learned counsel for the parties and perused the record with utmost satisfaction. 5. From the submission made by the learned counsel for the parties, it is quite vivid that there are two Biology teachers in the present set up and for imparting education in science subject to 9th and 10th one teacher is sufficient and since one Chemistry teacher is also working, therefore, the petitioner being junior to another Biology teacher he has rightly been declared as Surplus. Even otherwise, it is settled position of law that utilsation of the manpower is within the domain of employer. Until and unless, there is breach of the Rationalization Policy has been pointed out by the petitioner, this Court cannot interfere in the matter. No such irregularity or illegality has been pointed out by the petitioner, which warrants interference by this Court. 6. Accordingly, the present writ petition deserves to be and is dismissed. Sd/- (Narendra Kumar Vyas) Judge kishore