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2026 DAILYLAW 21164 (CHH)

PRATIBHA TIWARI v. THE STATE OF CHHATTISGARH

WPS/4273/2026 · 2026-06-14

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:23664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4273 of 2026 Pratibha Tiwari W/o Alok Tiwari Aged About 44 Years R/o (Shanti Nagar), Ward No. 01 Sakri Nagar Nigam Bilaspur, Distt. Bilaspur C.G. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Secretary, Education Department Atal Nagar New Raipur, Indrawati Bhawan, District Raipur (C.G.) 2 - Director Public Education Department (Lok Shikshan Vibhag), New Raipur, District Raipur (C.G.) 3 - District Education Officer Bilaspur, District Bilaspur (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Parag Kotecha, Advocate For Respondent(s) : Shri Shahil Singh, Panel Lawyer Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 15.06.2026 1. Petitioner has filed this writ petition seeking following reliefs:- SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.06.15 16:40:09 +0530 2 "10.1 direct the respondents to consider the representations and pass the speaking order within a period of 15 days. 10.2 Issue a Writ of Mandamus or any other appropriate writ, order, or direction, directing the Respondent No. 2 to forthwith consider and decide the Petitioner's application for transfer to due places mention in annexure p/7 or any other suitable place near her residence/ treated hospital, on urgent medical grounds, within a stipulated time frame given in the representation date 19/03/2026 (Annexure P/7) 10.3 Any other relief which this Hon'ble court deems fit and proper under the fact and circumstances of the case and in the interest of justice. The cost of the petition may be awarded in favors of the petitioner." 2. Learned counsel for the petitioner submits that the petitioner is presently posted as a Lecturer (Chemistry) at Government Higher Secondary School, Khamhariya, Block Masturi, District Bilaspur (C.G.). It is submitted that the petitioner is suffering from cancer and is undergoing regular treatment at Apollo Hospital, Bilaspur. Learned counsel further submits that, considering her medical condition, the petitioner has submitted representations before the competent authorities, 3 including the Director of Public Instructions (DPI), seeking her transfer to a place nearer to Bilaspur City. In the said representation, the petitioner has also furnished options of five schools situated in and around Bilaspur City for her posting. As the representation is pending before the respondents, the respondents be directed to consider the case of the petitioner keeping in view the seriousness of her ailment, and pass an appropriate posting order posting her at a place nearer to Bilaspur City. 3. Learned State counsel submits that Annexure P/7 appended to the writ petition is a representation submitted by the petitioner before the DPI, which has remained pending since 20.03.2026 and has not yet been decided. It is submitted that the said representation may be considered and decided by the competent authority after due verification of the facts and contentions raised by the petitioner. 4. I have heard learned counsel for the parties and perused the documents appended with the writ petition. 5. Considering the medical prescriptions and certificates issued by various medical institutions placed on record, which prima facie indicate that the petitioner is suffering from a serious 4 ailment and is undergoing treatment, this Court deems it appropriate to dispose of the present writ petition with a direction to the State authorities, particularly respondent No. 2/DPI, to consider and decide the petitioner's representation (Annexure P/7) dated 20.03.2026 in accordance with law. While doing so, the competent authority shall take into consideration the medical condition of the petitioner and the treatment being undergone by her, after due verification of the relevant facts. The aforesaid exercise shall be completed within a period of fifteen (15) days from the date of receipt of a copy of this order. 6. With the aforesaid observations and directions, the writ petition stands disposed of. Sd/- (Bibhu Datta Guru) Judge shoaib