1 2025:CGHC:58337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13488 of 2025 Indrani Murthy D/o R.G.K. Murthy Aged About 47 Years Posted As - Teacher (L B) Science Subject Government Girls Pre Secondary School, U- Dise Code 22012204006, Bada Bazar Chirmiri, District Manendragarh- Chirmiri- Bharatpur C.G. ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur C.G. 2. Director, Office Of The Directorate, Public Education, Indrawati Bhawan, Atal Nagar, Naya Raipur C.G. 3. The Divisional Level Redressal Committee, Surguja Division, Ambikapur, District Surguja C.G. 4. The District Level Redressal Committee, District M C B, C.G. 5. The Collector, District M C B, C.G. 6. The Collector, District Korea C.G. 7. District Education Officer, Manendragarh, District M C B, C.G. 8. District Education Officer, Baikunthpur, Dist- Korea C.G. 9. Block Education Officer, Block Khadgawan, Khadgawan, District M C B, C.G. 10. Block Education Officer, Block Baikunthpur, Dist. Korea C.G. 11. Joint Director (Education), Ambikapur, Division Surguja C.G. 12. The Principal, Government Girls Pre-Secondary School, Bada Bazar, Chirmiri, District Manendragarh-Chirmiri-Bharatpur C.G. SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.12.10 11:33:55 +0530 2 13. The Principal, Government Secondary School, Ganeshpur, Block Baikunthpur, District Korea C.G. ... Respondent(s) For Petitioner(s) : Mr. Sajal Kumar Gupta, Advocate For Respondent(s) : Mr. Anmol Sharma, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 02/12/2025 1. The petitioner has filed this petition assailing the memo dated 03.06.2025 passed by District Education Officer District Manendragarh-Chirmiri- Bharatpur by which the petitioner has been directed to join his service at Middle School Ganeshpur, Block Khadgawan. The petitioner has also challenged the order dated 10.06.2025 by which his representation has been rejected and also prayed for quahsing of relieving order dated 14.06.2025 as well as order dated 13.11.2025 passed by District Education Officer, MCB rejecting the representation. 2. Facts of the case are that the petitioner is presently posted at Government Middle Girls Bada Bazar, Chirmiri, Block Khadgawan which falls within the District Manendragarh-Chirmiri-Bharatpur after re-organization of new District of the State Government. It is also case of the petitioner that 33 Gram Panchayats of block Khadgawan have been transferred to District Koriya, as such 33 Panchayats which consist of Government, aided Institution and non- aided institution now have been transferred to block Baikunthpur which falls within territory of Koriya District, as such District Education Officer Manendragarh-Chirmiri-Bharatpur has no jurisdiction to transfer the petitioner in view of rationalization Policy made by the State Government. 3. Counsel for the petitioner would submit that since Middle School Ganeshpur, Block Khadgawan now falls within the boundary of Baikunthpur, therefore, 3 District Education Officer/ Secretary of MCB has no power to transfer the petitioner to District Koriya, as such transfer order is bad in law. He would further submit that the petitioner has preferred the representation to the Divisional and District and Level Rationalization Committee for consideration of his case. The committee vide its order dated 24.09.2025 has recorded its finding that since 33 Gram Panchayats have been transferred to Koriya during pendency of the proceeding before District Level Officer, therefore this fact was not wiithin their knowledge, as such it has been recommended for reconsideration. He would further submit that the respondents should act upon the reconsideration made by the committee and now District Education Officer MCB has considered his representation and given its finding that since the school has been transferred Baikuthpur District Koriya, as such District Education Officer/Secretary has no jurisdiction to transfer the petitioner. Counsel for the petitioner on above factual matrix would submit that since the District Education Officer, itself has recorded its finding that there was some mistake therefore, the transfer order dated 03.06.2025 be quashed and the respondent be kindly directed to act upon the order dated 24.09.2025 passed by the Division Level Rationalization Committee Ambikapur. 4. On the other hand, learned counsel for the State would submit that when the proceedings were initiated for Rationalization the Schools were not transferred to Koriya District, as such there is no illegality in the impugned order and the recommendation made by Divisional Level Committee cannot be acted upon it and would pray for dismissal of the writ petition. 5. I have heard learned counsel for the parties and perused the record. 4 6. Considering the submission it is district level post and when the rationalization proceeding was initiated there was no such contingency existed and the school where the petitioners was transferred was within the territorial justification of MCB and the schools have been transferred on 13.10.2025 which is after initiation of proceedings of rationalization and passing of the order dated 03.06.2025 and also considering the fact that transferring the school to Koriya District vide order dated 13.10.2025 cannot be given retrospective effect, as such no case is made out for interference. Accordingly the writ petition is dismissed. No order as to cost. Sd/- (Narendra Kumar Vyas) Judge santosh