1 2025:CGHC:37634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8811 of 2025 1 - Shekh Nasir Mohammad S/o Rasid Mohammad Aged About 44 Years Presently Working As Teacher (L.B.) Subject Hindi At Govt. Naveen Middle School, Kota, Block Dharsiwa, District Raipur C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 2 - Director, Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 3 - Collector, District Raipur C.G. 4 - District Education Officer, Raipur, District Raipur C.G. 5 - Block Education Officer, Dharsiwa, District Raipur C.G. 6 - Smt. Kiran Thawait, Presently Working As Teacher (L.B.) Subject Arts At Govt. Naveen Middle School, Kota, Block Dharsiwa, District Raipur C.G. ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Govind Prasad Dewangan, Advocate For Respondent(s)/State : Ms. Smita Jha, Panel Lawyer Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 31/07/2025 1. The petitioner has filed the present writ petition against the impugned VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.10.06 17:08:37 +0530 2 order of his posting dated 05.06.2025 (Annexure P/1), whereby the petitioner, who is a Teacher, has been posted from Govt. Naveen Middle School, Kota, Block Dharsiwa to Govt. Middle School, Chikhli, Block Arang under the Rationalization Instructions dated 02.08.2024 and prayed the following reliefs in the writ petition:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to set aside the impugned transfer posting order dated 05.06.2025 (Annexure-P/1) issued by the respondent no.4 and further be pleased to direct the respondents to follow the Rationalization guideline dated 02.08.2024 strictly and to declare the respondent no.6 as surplus instead of the petitioner. 10.3 That, this Hon'ble Court may kindly further be pleased to direct the respondents to allow the petitioner to work at Govt. Naveen Middle School, Kota, Block Dharsiwa District Raipur (C.G.), in the interest of justice. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner would submit that the petitioner is presently posted as a Teacher (Hindi) at Govt. Naveen Middle School, Kota, Block Dharsiwa. Under the Rationalization Instructions dated 02.08.2024, the petitioner was declared as surplus and has been posted at Govt. Middle School, Chikhli, Block Arang. He is a Teacher (Hindi), whereas the subject rotation as provided under clause 7-D(5) 3 of the Rationalization Instructions dated 02.08.2024 have not been followed and without considering his subject, in which he is teaching in the school, he has been declared surplus. The subject of the teachers are the relevant consideration while declaring him surplus in the school. When the Principal of the school has submitted the information about the teachers working in the school, in which also the subject of the petitioner is shown as Hindi, yet the subject rotation was not followed, as he along is the Teacher (Hindi) in the school. The respondent No.6 was considered as a Teacher (Commerce), whereas she was the Teacher (Arts) and to save her in the school, she has been considered as Teacher (Commerce) and gave her the benefit of subject rotation. Against the posting order of the petitioner, he made his representation on 22.07.2025 to the respondent No.3, but his representation has not been considered, therefore, the impugned order of his posting is liable to be quashed. 3. On the other hand, learned counsel appearing for the State, on instructions, would submit that the petitioner was posted at Govt. Naveen Middle School, Kota and he joined there on 23.06.2023. Being the junior teacher in the school, he has been declared surplus and has been posted at Govt. Middle School, Chikhli, Block Arang. Before order of his posting, he was noticed to appear in the counseling, which was held on 04.06.2025 and after appearing in the counseling, he has been posted on the place, which he opted. The Rationalization Instructions have been followed during the entire process of rationalization of the teachers and as per their respective date of joining in the school, the petitioner has been declared surplus and has 4 been posted to other schools. Therefore, no relief can be granted to the petitioner in the present writ petition. 4. I have heard learned counsel for the parties and perused the documents annexed with the petition. 5. The petitioner, who is the Teacher posted at Govt. Naveen Middle School, Kota, Block Dharsiwa has been posted at Govt. Middle School, Chikhli, Block Arang under the Rationalization Instructions. Though the petitioner claims that he is the Teacher (Hindi), however he did not annex any document with respect to his appointment that he is a Teacher (Hindi). He only relies upon the information issued by the Headmaster of the school that he is a Teacher (Hindi). The authorities have considered the date of their respective joining in the school, and the petitioner has joined in the school on 23.06.2023, and thereby he being the junior teacher in the school, declared surplus and has been posted at Govt. Middle School, Chikhli. The petitioner has also failed to demonstrate that there is any palpable infirmity or arbitrariness in his posting order. From the instructions submitted by the State, it transpires that at the time of counseling, the petitioner opt for the schools, where he has been posted. 6. Even otherwise, Rationalization Instructions are mere guidelines. It may not supplement the general powers of the employer provided under the statutory service rules, i.e. to post a person at a place in the public interest and in administrative exigency. It is a trite law that transfer/posting is an incidence of service, the Court should not interfere with the transfer/posting order, unless there is malice, 5 infringement of statutory rules and regulations. The employees may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the government to post another person, if any vacancy arises on account of transfer/posting of an employee. [see Airport Authority of India v. Rajiv Ratan Pandey and others, 2009 (8) SCC 337 and Chief Commercial Manager, South Central Railway, Secunderabad and others v. G. Ratnam and others, 2007 (8) SCC 212 and also Shilpi Bose (Mrs.) and others v. State of Bihar and others, 1991 Suppl. 2, SCC 659]. Further, from the documents annexed with the petition and the instructions submitted by the respondents/State, this Court do not find any scope of interference in this petition. 7. In view of the above settled legal position and also in the facts and circumstances of the case, no case for interference with the impugned order dated 05.06.2025 (Annexure P/1) is made out. Accordingly, the writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved