1 / 4 2026:CGHC:14943 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2915 of 2026 Smt. Vidya Tiwari W/o Shri Vijay Tiwari Aged About 58 Years Post- Lecturer (History), R/o Qr. No. 922, Subhash Chandra Bose Ward No. 11, Charama, District- North Bastar Kanker, C.G. ... Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Ministry, Mahanadi Bhawan, Atal Nagar, New Raipur, District- Raipur, C.G. 2 - The Director Through The Deputy Director, Directorate Of Public Instruction, 3rd Block, First Floor, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur, C.G. 3 - The Commissioner / President Divisional Rationalization Committee Bastar Division, Jagdalpur, District Bastar, C.G. 4 - The Collector Kanker, District- North Bastar Kanker, C.G. 5 - Divisional Joint Director Education Division Bastar, Jagdalpur, District- Bastar, C.G. 6 - District Education Officer Kanker, District- North Bastar Kanker, C.G. 7 - Block Education Officer Block Charama, District- North Bastar Kanker, C.G. ... Respondent(s) For Petitioner : Mr. Alok Kumar Dewangan, Advocate For Respondents : Mr. Aditya Tiwari, P.L. HON'BLE SHRI PARTH PRATEEM SAHU, JUDGE ORDER ON BOARD 01.04.2026 2 / 4 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 It is therefore respectfully prayed that this Hon'ble Court may kindly be pleased to quash / set aside the Order Kramank/Stha.2/Yukti./2025-26/1524/Jagdalpur/dated 09/06/2025 issued by the Joint Director, Education Division Bastar, Jagdalpur, District Bastar, (C.G.). (Annexure-P/1) & order dated 18.09.2025 rejecting representation of the petitioner (Annexure- P/2) in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to declare action of respondents in declaring petitioner excess under rationalization policy dated 02.08.2024 as arbitrary and illegal & direct respondents to accommodate petitioner against available vacancy of Lecturer (History) within District Kanker. 10.3 That, this Hon'ble Court may kindly further be pleased to direct the respondents to decide the pending representation and consider the case of the petitioner for posting as Lecturer (History) in any school where the post of lecturer is lying vacant ie: in Kanker Block (Bardebhata, Singerbhat) & Antagarh in Kanker District as such the post of Lecturer (History) are lying vacant in aforementioned schools. 10.4 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. 10.5 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, to which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including costs to the petitioner” 2. Counsel for petitioner submits that petitioner while working as Lecturer (History) and was posted at Government High School, Haradula, Block: Charama, District: North Bastar Kanker (C.G.), was transferred to Government Girls Higher Secondary School, Narayanpur, District: Narayanpur vide order dated 09.06.2025 under rationalization policy formulated by the State Government, treating her to be surplus. After 3 / 4 issuance of the order of transfer, when petitioner went to join to the transferred place of posting, Principal of the Government Girls Higher Secondary School, Narayanpur, had not accepted the joining and have made endorsement that post of Lecturer (History) is not vacant. Petitioner thereafter submitted representation before Divisional Level Committee, however, the Committee though took the note of the endorsement made by Principal of Government Higher Secondary School, Narayanpur, that post of Lecturer (History) is not vacant, even though the representation has been rejected, which is arbitrary and contrary to the rationalization policy formulated by the State Government, which is non-speaking order. 3. Counsel for the State submits that Divisional Level Committee has considered the claims raised by the petitioner and have passed order which does not call for intereference. He however, submits that the petitioner is having remedy to file an appeal / representation before the State Level Committee. 4. At this stage, counsel for the petitioner submits that he may be permitted to submit representation before the State Level Committee and direction be isssued to the concerned Committee to consider and take decision considering the grounds to be raised by the petitioner, at the earliest, within specified time frame. 5. On due consideration of the submission of counsel for the petitioner, in particular considering the fact that post of Lecturer is not vacant in the transferred school and further considering that the respondent authorities will be proper authority to pass appropriate orders as also clause under rationalization policy, the writ petition at this stage is disposed of permitting the petitioner to submit representation before 4 / 4 State Level Committee headed by the Director, Public Instructions, and if such a representation is submitted, the concerned Committee shall consider and take decision on the representation to be submitted by the petitioner, in accordance with law, expeditiously preferably within a further period of four weeks from the date of receipt of the representation. 6. Accordingly, this writ petition is disposed of with the aforesaid observation and direction. Sd/- (Parth Prateem Sahu) Saurabh JUDGE