1 / 4 2026:CGHC:15165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8206 of 2025 Pratibha Jaiswal D/o Shri Kanhaiya Lal Jaiswal Aged About 26 Years R/o Laluram Colony, T.P. Nagar, New Bus Stand, Korba, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mahanadi Bhawan, Atal Nagar, Nawa - Raipur (C.G.) 2 - Directorate Of Public Instruction, Indrawati Bhawan, District - Raipur Chhattisgarh. 3 - Collector Korba, District - Korba, Chhattisgarh. 4 - District Education Officer, District - Korba Chhattisgarh. 5 - Block Education Officer, Korba, District Korba Chhattisgarh. 6 - Principal, Primary School Kapanmuda, Block - Katghora District - Korba, Chhattisgarh. ... Respondents For Petitioner : Mr. Tanmay Thomas, Advocate For State : Mr.Aditya Tiwari, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board ALFIZA BAIG Digitally signed by ALFIZA BAIG 2 / 4 01.04.2026 1. Petitioner has filed this writ petition seeking following reliefs:- ‘10.1That, this Hon’ble Court may kindly be pleased to quash/set-aside the impugned list of surplus teacher pertaining to petitioner (Annexuer P/1) dated 26.06.2025, in the interest of justice. 10.2 That, this Hon’ble court may kindly be pleased to direct the respondent authorities to place the petitioner at Primary School, Kapathmuda, as per policy dated 02.08.2024, in the interest of justice. 10.3 Any other relief which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for petitioner submits that petitioner is holding the post of Assistant Teacher (L.B.) however, he has been transferred from Primary School, Kapathmuda, Block Kathghora, District – Korba, to Primary School, Bankheta Pali, Block Poudiuproda, District – Korba under Rationalization Policy formulated by the State Government vide order dated 31.05.2025. Petitioner being aggrieved with her transfer has submitted a representation before District Level Committee which came to be dismissed vide order dated 26.06.2025. The committee has not considered the grounds raised in the representation in an appropriate manner. He further submits that petitioner is a victim of burn injuries and is having burn scars over 80% of her body. As of which she has to take regular treatment for the same. 3 / 4 3. Learned counsel for the State submits that pursuant to the observation made by this Court has sought instructions from the District Education Officer upon which he was informed that petitioner has suffered accidental injuries about 20 years ago and he further submits that counsel for petitioner has not placed any medical document/certificate of the person suffering with disability and, therefore, no relaxation can be given for her posting under the said scheme. He lastly submits that the order under challenge is the order rejecting the representation by District Level Committee against which petitioner is having an efficacious remedy to submit a representation before the Divisional Level Committee under the Rationalization Policy. 4. At this stage, learned counsel for petitioner submits that petitioner may be permitted to submit a representation before Divisional Level Committee and direction be issued to consider and take decision on the claim of petitioner in an objective manner at the earliest. 5. I have heard learned counsel for the respective parties and perused the record placed on record. 6. Considering the facts and circumstances of the case, nature of grievances raised and in particular submission made by learned counsel for the petitioner that petitioner is having burn scars over 80% of her body and due to which she is also facing complications and requires medical treatment on a regular basis, therefore, I find it appropriate to dispose of this writ petition, at this stage, permitting the petitioner to submit representation before the Divisional Level Committee constituted under the Rationalization Policy within a period of two weeks along with all the supporting documents and in the event 4 / 4 such representation is submitted the concerned authority shall consider and decide the same looking to the nature of complications which the petitioner is suffering from and also considering that if documents to be submitted by petitioner shows that petitioner is genuinely suffering from the complications developed due to burn scars over 80% of her body and requires treatment at the good hospitals, concerned authority is directed to consider and pass a speaking order in an objective manner, sympathetically within further period of four weeks from the date of receipt of the representation, and if, not possible to post the petitioner at the same school then she may be posted in some nearby schools of the district head quarters. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza