1 2026:CGHC:22268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4051 of 2026 Rakesh Kumar Soni S/o Jawahar Lal Soni Aged About 47 Years Posted As Lecturer (Lb) Mathematics, Sages Hindi Ranidera, R/o Village And Post Ganiyari Tehsil Takhatpur, Distt. Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh. 2. Director Directorate Of Public Instruction, Indrawati Bhawan, Naya Raipur, Distt. Raipur, Chhattisgarh. 3. The District Collector Cum Chairman Sages Management And Operations Committee, Ranidera, Distt. Bilaspur, Chhattisgarh. 4. District Education Officer Bilaspur, Distt. Bilaspur, Chhattisgarh. 5. Block Education Officer Takhatpur, Distt. Bilaspur, Chhattisgarh. 6. Divisional Joint Director School Education Division, Bilaspur, Distt. Bilaspur, Chhattisgarh. 7. Principal Sages Hindi, Ranidera, Block Takhatpur, Distt. Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Imran Ahmed Khan, Advocate For Respondents/ State : Mr. Hariom Rai, P.L. JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.05.13 10:25:38 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 12/05/2026 Heard. 1. Petitioner has filed this petition seeking following reliefs:- "10.1 That the Hon'ble Court may kindly be pleased to call the records pertaining to the case of the petitioner; 10.2 That this Hon'ble Court may kindly be pleased to quash the impugned order dated 13/04/2026 passed by Respondent No.4. 10.3 That the Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction directing the respondents to provide suitable alternative posting in regular Government schools to the petitioner who has declined consent for deputation to Swami Atmanand Excellence Schools; 10.4 That this Hon'ble Court may kindly be pleased to direct the Competent authority i.e. Director, Public Instruction or any other appropriate competent authority to consider and pass orders regarding transfer/posting of the petitioner within a time- bound period. 10.5 That the Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction directing the respondents to consider and give due effect to the recorded non-consent of the petitioner for deputation, and to take a consequential decision within a time-bound period. 10.6 That this Hon'ble Court may kindly be pleased to pass 3 such other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 2. Learned counsel for petitioner submits that petitioner, who is holding the post of Lecturer Mathematics and is posted at SAGES Hindi, Ranidera, Takhatpur (Upgraded as Swami Atmanand Excellence English Medium School). Petitioner is initially employee of School Hindi Education Department. Swami Atmanand Excellence Hindi Medium Schools were established and teachers were posted and no consent has been obtained from petitioner. Teachers of School Education Hindi Department can be posted in Swami Atmanand Excellence Hindi Medium School only on deputation or the teachers to be appointed in the said school by way of contract appointment. Petitioner made several request to the authorities for repatriating her to the school of School Education Department and when no heed was given to her request, she has filed writ petition bearing WPS No. 773 of 2026, which was disposed of by order dated 23.01.2026 permitting petitioner to submit representation before the Collector, who is President of the Society under which Swami Atmanand Excellence Hindi Medium School is running. The representation though addressed to Collector, however, it was considered by the District Education Officer and District Education Officer had rejected the representation observing that he is having no authority under law to consider and pass order on the 4 representation as the posting of petitioner is not under rationalization policy. It is further observed that nature of grievance, which is raised by petitioner can be considered by the higher authorities i.e. Director of Public Instructions, Raipur. Petitioner thereafter, submitted representation before the respondents No.1 and 2 i.e. Secretary, School Education Department and Director of Public Instruction, Raipur on 03.02.2026, however, till date no decision has been taken on the representation submitted by petitioner, therefore, direction be issued to respondent No.1 and 2 to consider and take decision on the representation submitted by petitioner at the earliest. 3. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioner, he is having no objection. He however, submits that according to the documents placed on record, it is apparent that petitioner has submitted representation before respondent No.1 and 2 prior to decision by the Collector/District Education Officer on the representation submitted by petitioner pursuant to the order of the Court. 4. I have heard learned counsel for parties and perused the documents placed on record. 5. Grievance of petitioner is that petitioner has been posted in Swami Atmanand Excellence Hindi Medium School, which is managed by the society registered under the Societies Registration Act headed by the Collector and District Education 5 Officer as Ex-Officio Secretary of the said Committee. It is not disputed by learned State counsel that posting of teachers in the schools are to be made by way of deputation or to be appointed on contract basis. It is submission of learned counsel for petitioner that at no point of time, petitioner given her consent for her posting on deputation in Swami Atmanand Excellence Hindi Medium School. 6. In the aforementioned facts of the case in particular the fact that petitioner has already submitted representation before the respondent No.1 and No.2 and further respondent No.4 in its order has observed that competent authority to consider the nature of grievance as raised by petitioner is respondent No.2, this writ petition at this stage is disposed of directing respondent No.1 and 2 to consider and take decision on the representation submitted by petitioner in accordance with law expeditiously preferably within further period of two months from the date of receipt of this order. 7. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Bibhu Datta Guru) JUDGE Jyoti