1 2026:CGHC:6879 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 921 of 2026 Khilendra Kumar Sahu S/o Nand Kumar Sahu Aged About 39 Years Teacher (L.B.), Govt. Middle School Teligundra, District Durg C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar, District Raipur C.G. 2 - Director, Public Instructions, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur C.G. 3 - Deputy Director, Public Instructions, Directorate, Indrawati Bhawan, Nava Raipur, Atal Nagar, District Raipur C.G. 4 - Divisional Joint Director, Education Division, Durg, District Durg C.G. 5 - Collector Durg, District Durg C.G. 6 - District Education Officer, Durg, District Durg C.G. ... Respondents For Petitioner : Mr. C. Jayant K. Rao, Advocate For Respondents/State : Mr. Kalpesh Ruparel, Panel Lawyer ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.02.07 17:49:57 +0530 2 Hon'ble Shri Justice Parth Prateem Sahu Order On Board 06/02/2026 1. Petitioner has filed this petition seeking following relief (s) :- “10.1That, this Hon’ble Court may kindly be pleased to set aside the order dated 06.01.2026 (Annexure P-1), order dated 18.09.2025 (Annexure P-2), order dated 11.07.2025 (Annexure P-3). 10.2 That, this Hon’ble Court may kindly be pleased to set aside the order dated 07.06.2025 (Annexure P-4), whereby the petitioner has been declared surplus under the Rationalization scheme of the Govt. and posted at Govt. Middle School Adarsh Girls Kawardha, Block Kawardha, District Kabirdham (C.G.) 10.3 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to work in the Govt. Middle School Teligundra, District Durg (C.G.) or at any school nearby District Durg (C.G.). 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.” 2. Learned counsel for petitioner submits that petitioner was earlier posted as Teacher (Sanskrit) at Govt. Middle School Teligundra, District- Durg (C.G.). According to policy formulated by State Government for posting of surplus teacher under the Rationalization Scheme, petitioner was posted at Govt. Middle School Adarsh Girls Kawardha, Block Kawardha, District Kabirdham (C.G.). This school is running by Swami Atmanand Excellent Hindi/English School by society and according to policy formulated by State Govt. teachers of the Govt. School are not to be posted under Rationalization Scheme at 3 Swami Atmanand Excellent Hindi Medium School. Petitioner has earlier submitted representation before the Divisional Level Committee and the State Level Committee, however, this very fact was not considered in proper manner. He further submits that even today the said school is running by the Committee constituted to run Swami Atmanand Excellent Hindi Medium School. 3. At this stage learned counsel for State submits that according to his information the ground raised by counsel for petitioner that school in which petitioner is posted is up-graded to Swami Atmanand Excellent Hindi Medium School and is run by society constituted by competent authority, is headed by Collector of the concerned District. After noting the mistake of posting of petitioner in Swami Atmanand Excellent Hindi medium School now the District Education Officer has initiated the proceedings for re-counseling of petitioner for his posting and now he has been posted to Govt. Middle School, Nawagaon, Block Pandariya, District Kabirdham vide order dated 02.02.2026 and, therefore, now the grievance of the petitioner is redressed. He further places before this Court, copy of order dated 02.02.2026 which was subsequently amended on 03.02.2026. Copies of both the order has been placed before this Court as also handed over to the counsel for petitioner. 4. Learned counsel for petitioner submits that the exercise of re- counseling of petitioner is contrary to the clauses of Rationalization Policy. He submits that petitioner was teacher and was posted within the District- Durg. Earlier the order for posting of petitioner is passed by Joint Director, Division Durg and, therefore, if posting is found to be erroneous then again if petitioner is to be re-posted then the 4 competent authority would be Joint Director and not the District Education Officer and therefore, re-counseling procedure can be done only by Joint Director. 5. I have heard learned counsel for the respective parties, perused the document enclosed along with writ petition as also the documents placed before this Court by counsel for the State. 6. The grievance of the petitioner is only that the petitioner under the Rationalization Scheme was posted from Govt. Middle School, Teligundra, District Durg to Swami Atmanand Excellent Hindi Medium School and further that the teachers posted in Govt schools are not to be posted in Swami Atmanand Excellent Hindi Medium School established within the State of Chhattisgrh, up-grading the Govt. School is now managed by Society constituted by State Govt. which is headed by Collector of the District. Accordingly, the provisions for appointment of teachers in the Swami Atmanand Excellent Hindi Medium School is by appointment on contract basis or the Govt. teachers are to be posted on deputation. Posting of petitioner pursuant to the order subject matter of writ petition Annexure P-4 is not an order of sending the petitioner in the Swami Atmanand Excellent Hindi Medium School on deputation but it is an order of posting under the Rationalization Policy and therefore, posting of petitioner in Swami Atmanand Excellent Hindi Medium School was on transfer was erroneous. 7. After filing of this writ petition respondent authorities have realized their mistake in the order dated 02.02.2026 and have taken decision to rectify the mistake and, accordingly, the District Education Officer has 5 issued an order on 02.02.2026 based on some letter of Joint Director dated 22.04.2025. 8. In the aforementioned facts of the case where respondent authorities have realized their mistake of posting of petitioner in Swami Atmanand Excellent Hindi Medium School, of a Govt. teacher, then the procedure of posting under the Rationalization scheme is to be revised and counseling procedure is to be conducted as it was conducted at initial stage of posting of the teachers in excess. 9. It is the case of petitioner that earlier counseling procedure for posting of teachers was within the division, conducted by Joint Director and therefore, the claim of petitioner is that re-counseling is to be done by Joint Director. 10. I find some force in the submission made by learned counsel for the petitioner, because the Divisional Joint Director will have the name of schools were the post are lying vacant under the Division and the petitioner may have the option to choose a place in Durg District or nearby places in a Division, when he would be shown the name of schools where the post of subject of petitioner in which he is holding the degree is lying vacant, therefore, the procedure adopted by District Education Officer, for re-counseling is not in accordance with the policy formulated by State Govt for posting of teacher in excess by mode of counseling. 11. For the foregoing discussion, order dated 07.06.2025 Annexure P-4 posting of petitioner from Govt. Middle School, Teligundra, District Durg (C.G.) to Govt. Middle School, Adarsh Girls Kawardha, Block Kawardha, District Kabirdham (C.G.) is quashed and further the 6 posting of petitioner by District Education Officer, Kabirdham from Govt. Middle School Adarsh Girls Kawardha, Block Kawardha, District Kabirdham (C.G.) to Govt. Middle School, Nawagaon, Block Pandariya, District Kabirdham is also quashed. 12. The respondent no. 4 is directed to conduct the counseling procedure of petitioner as provided under the Rationalization Policy and thereafter, to issue order of posting of petitioner within further period of 07 days from today. 13. It is also directed that counsels for both the parties shall inform respondent no 4 about the order passed by this Court. 14. With the aforesaid observation and direction, this writ petition stands allowed. sd/- (Parth Prateem Sahu) Judge alfiza