1 CGHC010134592026 2026:CGHC:39468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3151 of 2026 1 - Smt. Nidhi Gupta W/o Shri Nishant Gupta, D/o Shri Mahesh Kesharwani Aged About 45 Years R/o Ward No. 15, Suraj Sadan, Near Madhav Lodge, Janjgir, District Janjgir-Champa Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction Indravati Bhawan, Nava Raipur, District Raipur Chhattisgarh 3 - Deputy Director Directorate Of Public Instruction Indravati Bhawan, Nava Raipur, District Raipur Chhattisgarh 4 - Joint Director Education Division Bilaspur, District Bilaspur Chhattisgarh 5 - District Education Officer Janjgir-Champa, Office Of District Education Officer, District Janjgir Champa Chhattisgarh 6 - Principal Government Higher Secondary School Banari Block Nawagarh, District Janjgir Champa Chhattisgarh . Respondents Cause title has been taken from CIS For Petitioner : Mr. Ajay Kumrani, Advocate. For Respondents : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 09/09/2026 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.09.10 10:37:11 +0530 2 1. By the present petition, the petitioner has prayed for following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and quash and set aside: Order dated 25.07.2025 (transfer/posting order), Relieving orders dated 25.07.2025 & 28.07.2025, Order dated 10.09.2025 passed by the Divisional Level Committee, Order dated 19.11.2025 passed by the Joint Director. 10.2 This Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction and quash and direct the respondent authorities to allow the petitioner to continue at her original place of posting i.e. Government Higher Secondary School, Banari, District Janjgir- Champa; OR IN ALTERNATIVE, to post/adjust the petitioner at Swami Atmanand Government School Hindi Medium Janjgir District Janjgir-Champa on medical and humanitarian grounds. 10.3 Any other relief or reliefs that may be deemed fit and proper in the facts and circumstances of the case may kindly be granted.” 2. Learned counsel for the petitioner submits that by order dated 25/07/2025, the petitioner was transferred from the post of Lecturer (LB), Government Higher Secondary School, Banari, District Janjgir-Champa, C.G. to Government Higher Secondary School Parasdih, Block Bilaigarh, District Sarangarh-Bilaigarh under the scheme of rationalization. By raising the grievances, particularly with regard to her health 3 condition as she is suffering from the disease of acute Cancer, the petitioner submitted a detailed representation before the Divisional Level Rationalization Committee, but the said Committee rejected the case of the petitioner by order dated 10/09/2025 stating therein that there is no provision under the rationalization policy to consider the issue of health ground. By referring document Annexure P/26, learned counsel for the petitioner would submit that the Divisional Level Rationalization Committee has considered the case of similarly situated Teacher namely; Praveen Shukla and interfered with the transfer order passed in his respect. Learned counsel would submit that since the husband of the petitioner working in the State of Odisha, the petitioner is residing with her parents in village Banari and hence, the authorities may be directed to consider the case of the petitioner sympathetically particularly looking to her health condition to post her at Banari or its nearby place. 3. On the other hand, learned counsel for the State would submit that after considering all the aspects of the matter, the Division Level Rationalization Committee has rightly passed the order dated 10/09/2025. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. It is not in dispute that the petitioner is suffering from the acute 4 disease of Cancer and she has approached the Divisional Level Rationalization Committee for consideration of her case sympathetically, but the same has been rejected on the ground that there is no provision to cancel the order of transfer/posting on the ground of health condition, despite the fact that in case of similarly situated Teacher namely; Praveen Shukla, the transfer order has been interfered, but the same benefit has not been extended to the petitioner. The action of the Committee appears to be discriminatory in nature. 6. Having considered the entire facts situation of the case, and particularly considering the health condition of the petitioner, the writ petition is disposed of with a direction to the petitioner to submit a detailed representation along with supporting documents before the respondent No.2/DPI, within a period of ten days and on receipt of such representation, the DPI is directed to consider and decide the case of the petitioner, particularly considering the fact that the petitioner is suffering from the disease of acute Cancer and pass necessary order in respect of posting of the petitioner at Banari or its nearby place within a period of 15 days from the date of receipt of representation from the petitioner. 7. In the result, the writ petition is allowed to the extent indicated above. No cost(s). SD/- (Bibhu Datta Guru) Judge Gowri/Amardeep