1 CGHC010518932025 2026:CGHC:39864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13837 of 2025 1 - Shiv Kumar Sarthi S/o Shri Hridaylal Sarthi Aged About 48 Years Occupation Assistant Teacher (L.B.) Posted At Govt. Primary School Hirri, (Masturi) Block Masturi, District- Bilaspur (C.G.) ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - The Commissioner President Of Rationalization Committee Bilaspur Division, Bilaspur, District- Bilaspur (C.G.) 3 - The Joint Director/ Secretary Divisional Rationalization Committee , Education Division, Bilaspur, (C.G.) 4 - The Collector / President Of District Rationalization Committee, District- Bilaspur (C.G.) 5 - The District Education Officer/ Secretary Of District Rationalization Committee, District- Bilaspur (C.G.) 6 - The Sub Divisional Officer (Revenue / President Of Rationalization Committee Tahsil Masturi, District- Bilaspur (C.G.) 7 - The Block Education Officer/ Secretary Of Rationalization Committee, Block Masturi, District- Bilaspur (C.G.) ... Respondents For Petitioner :Mr. Roop Ram Naik, Advocate. For State :Mr. Apurva Nigam, Panel Lawyer. Hon'ble Justice Shri Bibhu Datta Guru AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2026.09.15 10:37:13 +0530 2 Order on Board 11/09/2026 1. By the present petition, the petitioner challenges the legality and validity of the order dated 04/06/2025 whereby the petitioner has been transferred from Primary School Hirri (Masturi) to Primary School Hardi (Loharsi) (Masturi) under rationalization. The petitioner also challenges the order dated 07/11/2025 whereby he has been relieved. 2. Learned counsel for the petitioner submits that, at the present place of posting, six teachers belonging to the Science faculty have been posted at Primary School, Hirri, whereas the petitioner is the only teacher belonging to the Arts faculty. Therefore, it is contended that the petitioner ought not to have been transferred from the present place of posting. It is further submitted that, if the petitioner is transferred from the present place of posting, the sanctioned strength of the school would remain unfilled, which would be contrary to the sanctioned set-up dated 13/05/2008, as well as the provisions of the National Education Policy, 2020 and the Right of Children to Free and Compulsory Education Act, 2009. 3. On the other hand, learned counsel appearing for the State would oppose the submissions advanced by learned counsel for the petitioner. She would submit that, after considering all aspects of the matter, including the rationalization policy, the National 3 Education Policy, 2020, and the Act of 2009, the impugned order has been passed with a view to maintaining an optimal pupil- teacher ratio. 4. I have heard learned counsel for the parties perused the pleadings and documents. 5. Upon perusal of the material available on record, it is crystal clear that, after considering all aspects of the matter in their true perspective, and also taking into consideration the fact that, during the relevant academic session, against 152 students, 7 teachers were working, the petitioner, being at Sr. No. 7, was declared surplus. Further, the petitioner has failed to demonstrate whether any post was lying vacant or not at the transferred place of posting. It is also pertinent to note that the impugned order was passed in the month of June, 2025, and, despite the fact that no interim protection was granted by this Court in the petition, the petitioner failed to join at the transferred place of posting, which is situated within Masturi Block itself. 6. It is a settled law that transfer is an incident of Service and that who should be transferred where, is for the appropriate authority to decide. It is also well settled that unless the order of transfer is vitiated by mala fides or is made in violation of any statutory provisions, the Court cannot interfere with it. 4 7. Accordingly, the writ petition, being devoid of merits, deserves to be and is hereby dismissed. SD/- (Bibhu Datta Guru) Judge Gowri/Amardeep