1 2025:CGHC:59740 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13467 of 2025 1. Asma Singh Kanwar W/o Komul Singh Aged About 38 Years R/o Adarsh Nagar Tehsil And District- Korba (C.G.) ... Petitioner versus 1. State Of Chhattisgarh Through- The Secretary Department Of Higher Education Mantralaya Atal Nagar Raipur District- Raipur (C.G.) 2. Director Directorate Of Higher Education Indrawati Bhawan, Atal Nagar, District- Raipur (C.G.) 3. Assistant Director Directorate Of Higher Education Indrawati Bhawan, Atal Nagar, District- Raipur (C.G.) 4. Principal Swami Aatmanand Government English Medium Adarsh College Korba, District- Korba (C.G.) ... Respondent(s) For Petitioner : Ms. Diksha Gouraha, Advocate For State : Mr. S.P. Kale, Additional Advocate General Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 09.12.2025 1. This petition has been filed by the petitioner under Article 226 of the Constitution of India assailing the order dated 16.10.2025 by which the petitioner’s representation (Annexure P/8) for allowing her to work at the transferred place on 30.09.2022 has been rejected. 2. Learned counsel for the petitioner would submit that the petitioner has joined in services in Korba - District in the year 2012 only and MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.12.19 11:17:34 +0530 2 since then she is discharging her duty at Korba district. Thereafter, on her request, the State has considered transferring her to Government Adarsh College Kartala, District Korba (C.G.) to Government Adarsh College, Korba, District Korba (C.G.) on own expenses. Thereafter, she was given additional charge of Drawing and Disbursing Officer (DDO) at Adarsh Government College Korba, District Korba (C.G.) and now she has been given additional charge of Adarsh Government College Banjari, Korba, District Korba (C.G.) vide order dated 07.01.2025, accordingly, she has been directed to join at Government Adarsh College, Banjari/Barpali, Korba, District Korba (C.G.). 3. It has also been contended that the petitioner has also preferred a representation contending that though she was originally posted at Swami Atamanand Engliesh Medium Adarsh Government College, Korba whereas it has been changed to Government Adarsh College Banjari/Barpali, Korba, as such, vide impugned order dated 16.10.2025 the same has been rejected by recording its finding that the petitioner was posted at Government Adarsh College Korba only, but due to non-availability of the building, the college was running at PG College Korba, as such, the petitioner was originally posted at Government Adarsh College Korba Banjari which is illegal and would pray for quashing of the impugned order dated 16.10.2025. 4. This was vehemently objected by the learned State counsel and State has filed affidavit wherein they have contended in paragraph ii and iii which reads as under: 3 “(ii) That, the factual matrix of the case is that the petitioner is working as Assistant Professor in the Higher Education Department, where, vide order dated 30.09.2022 the services of the petitioner were transferred from Government College, Kartala, District Korba (CG) to Government Adarsh College, Korba, District Korba (CG) on her own expenses. It would be pertinent to submit here that the respondent authorities had processed on the aforesaid transfer pursuant to the petitioner's own application. Copy of the application of the petitioner dated 16.07.2022, whereby, seeking herself transfer on voluntarily basis is filed and marked herewith as ANNEXURE A-1 for kind perusal of the Hon'ble Court. Thereafter, the local MLA namely Shri Nanki Ram Kanwar made recommendation to the then Chief Minister, Government of Chhattisgarh, whereby, requesting to take necessary action on the petitioner's application. Copy of the letter dated 22.07.2022 is filed and marked herewith as ANNEXURE A-2. Pursuant to the aforesaid letter dated 04.08.2022 the Deputy Secretary, Mukhyamantri Sachivalaya, Atal Nagar forwarded the case of the petitioner to the Secretary, Government of Chhattisgarh, Department of Higher Education, Mantralaya, Atal Nagar, Nava Raipur for taking necessary action. Copy of the letter dated 04.08.2022 is filed and marked herewith as لا ANNEXURE A-3. It is respectfully submitted that, pursuant to the applications made by the Assistant Professors seeking transfer from one place to another in the year 2022 and also pursuant to the recommendations made by the Hon'ble Minister and MLAs, the respondent authorities initiated proceed under file No. F1-18/Stha/2022/38-1 and put up the proposal before the Departmental Minister for administrative approval and thereafter, on the basis of administrative approval accorded by the Departmental Minister, the transfer order dated 30.09.2022 has been issued by the respondent authority. Copies of the relevant note sheets of file No. 4 F1-18/Stha/2022/38-1 are collectively filed and marked herewith ANNEXURE A-4 for kind perusal of the Hon'ble Court. (iii) It would be pertinent to submit that the Government Adarsh College, Korba, District Korba (CG) where the petitioner's transfer done is running at Government College, Barpali, District Korba as the building of the said Government Adarsh College is under construction at village Banjari, District Korba (CG), which is at the distance of around 32 kilometer from Korba. It would be pertinent to submit here that, by the representation dated 14.10.2025 (Annexure P/8) the petitioner has sought to change of her transfer place and requested to post her in the college situated within the Korba city. It is respectfully submitted that, after perusal and examination of the relevant records the competent authority has rejected the representation of the petitioner vide order dated 14.10.2025 (Annexure P/1) on the ground that the transfer/posting of the petitioner is done at Government Adarsh College, Korba, where, on account of under construction of the college building, therefore, for the time being and in order to smooth functioning of the work, she was deployed at Government College, Barpali, District Korba (CG) and also considering the fact that the petitioner herself made an application for transfer on that college.” 5. This factual matrix could not be disputed by the petitioner and since the petitioner has been posted according to her own choice, therefore, there is no illegality in the impugned order dated 16.10.2025 warranting interference by this Court. 6. Accordingly, the writ petition being devoid of merit is dismissed. Sd/- (Narendra Kumar Vyas) Judge Manish