✦ High Court of India

1 - Madhusudan Dubey S/o Late Shri R. L. Dubey Aged About 40 Years v. 1 - State Of Chhattisgarh Through Its Secretary School Education Department, Mantralaya, Mahanadi Bhawan

Case Details

1 2025:CGHC:25261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5003 of 2025 1 - Madhusudan Dubey S/o Late Shri R. L. Dubey Aged About 40 Years Posted As Cluster Academic Coordinator, Block Bilha District Bilaspur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Block-Iii, 1st Floor, Atal Nagar, Raipur, District Raipur (C.G.) 3 - Collector-Cum-District Mission Director Samagra Shiksha Bilaspur District- Bilaspur (C.G.) 4 - District Education Officer District Bilaspur (C.G.) 5 - Block Education Officer Block Bilha, District Bilaspur (C.G.) --- Respondent(s) WPS No. 5062 of 2025 1 - Deepak Kumar Patel S/o Ashwani Kumar Patel Aged About 36 Years Presently Posted As Assistant Teacher L.B., Government Primary School Bhaisgadi, Block - Tamnar, District - Raigarh (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.18 19:31:37 +0530 2 3 - Divisional Joint Director Bilaspur Division, Bilaspur, District - Bilaspur (C.G.) 4 - Collector Raigarh, District - Raigarh (C.G.) 5 - District Education Officer Raigarh, District - Raigarh (C.G.) --- Respondent(s) WPS No. 5057 of 2025 1 - Upendra Singh Thakur S/o. Prem Singh Thakur Aged About 57 Years Presently Posted As Lecturer (Commerce) Government Higher Secondary School, Gobripat, Block - Kota, District - Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District - Raipur (C.G.) 2 - Director, Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District - Raipur (C.G.) 3 - Divisional Joint Director Bilaspur Division, Bilaspur, District - Bilaspur (C.G.) 4 - Collector, Bilaspur District - Bilaspur (C.G.) 5 - District Education Officer Bilaspur, District - Bilaspur (C.G.) --- Respondent(s) WPS No. 5049 of 2025 1 - Chandrashekhar Patel S/o Jailal Patel Aged About 37 Years Presently Posted As Teacher Government Middle School Chhibarra, Block Saraipali District Mahasamund (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Atal Nagar Raipur District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Naya Raipur, Atal Nagar District Raipur (C.G.) 3 - Divisional Joint Director Education Division Raipur District Raipur (C.G.) 4 - Collector Mahasamund, District Mahasamund (C.G.) 3 5 - District Education Officer Mahasamund, District Mahasamund (C.G.) 6 - Arun Devta Teacher (Arts) Government Middle School Chhibarra, Block Saraipali District Mahasamund (C.G.) --- Respondent(s) WPS No. 5042 of 2025 1 - Swati Pandey W/o- Shailesh Pandey Aged About 35 Years Presently Posted As Teacher Government Middle School Devkinandan, Block Bilha District Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.) 3 - Divisional Joint Director Education Division, District Bilaspur (C.G.) 4 - Collector, Bilaspur District Bilaspur (C.G.) 5 - District Education Officer Bilaspur, District Bilaspur (C.G.) --- Respondent(s) WPS No. 5036 of 2025 1 - Virendra Kumar Kaushik S/o Bhanu Pratap Kaushik Aged About 41 Years Presently Posted As Assistant Teacher Lb Government Primary School Seepat, Block Masturi District Bilaspur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Atal Nagar Raipur District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Naya Raipur, Atal Nagar, District Raipur (C.G.) 3 - Divisional Joint Director Bilaspur Division Bilaspur, District Bilaspur (C.G.) 4 - Collector Bilaspur, District Bilaspur (C.G.) 5 - District Education Officer Bilaspur, District Bilaspur (C.G.) 4 6 - Rajendra Kumar Dewangan Assistant Teacher Lb Government Primary School Seepat, Block Masturi District Bilaspur (C.G.) --- Respondent(s) WPS No. 5035 of 2025 1 - Shivkumari Bhaskar W/o Ghanshyam Prasad Bhaskar Aged About 39 Years Presently Posted As Teacher (L.B.) Govt. Middle School Salihabhata , Block And District - Korba (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan Atal Nagar Raipur District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Naya Raipur Atal Nagar District - Raipur (C.G.) 3 - Joint Director Education Division District - Bilaspur (C.G.) 4 - Collector District - Korba (C.G.) 5 - District Education Officer Korba, District - Korba (C.G.) --- Respondent(s) WPS No. 5031 of 2025

Legal Reasoning

1 - Kaushal Prasad Bhardwaj S/o Shri Sant Ram Aged About 51 Years Presently Posted As Senior Agriculture Development Officer (Rural Agriculture Extension Officer), Development Block Sarangarh, District Sarangarh- Bhilaigarh (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary C.G. Agriculture Development And Farmer Welfare And Bio-Technology 2 - Director Directorate Of Agriculture Naya Raipur District Raipur (C.G.) 3 - Collector District Sarangarh- Bhilaigarh (C.G.) 4 - Deepak Kumar Banjare Posted As Rural Agriculture Extension Officer, Development Block Sarangarh, District Sarangarh-Bhilaigarh, C.G. --- Respondent(s) 5 WPS No. 5022 of 2025 1 - Sujeet Kumar Gupta S/o Chotelal Gupta Aged About 38 Years Presently Posted As Teacher Lb Government Middle School, Barpara, District Korea- Baikunthpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Atal Nagar Raipur District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan Naya Raipur, Atal Nagar District Raipur (C.G.) 3 - Joint Director Surguja Division District Ambikapur (C.G.) 4 - Collector District Korea- Baikunthpur (C.G.) 5 - District Education Officer District Korea- Baikunthpur (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Mateen Siddiqui, Advocate. For Respondent(s) : Mr. S. P. Kale, Additional Advocate General, Mr. S. Choubey, Panel Lawyer and Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 18-06-2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioners would submit that list of surplus Teachers published by the respondents are against the rationalization instructions and the same is arbitrary as no proper opportunity of hearing was given to the petitioners and if the petitioners are not granted interim relief, they will suffer

Decision

with irreparable loss. Therefore, the impugned order is liable to be set aside. 3. Learned counsel for the State would submit that after due verification of 6 records the petitioners have been transferred under the rationalization instructions issued by the State Government. He would further submit that if the petitioners are having any grievance, they may move fresh representation before the concerned District Rationalization Committee and the Committee will take a decision on their representation in accordance with law within a stipulated period. 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. In view of submissions made by learned counsel for the parties, the petitioners are directed to make fresh representation before the concerned District Rationalization Committee within a period of five days from today, and appear before the said Committee on 24 th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners within seven days from the date of receipt of representation in accordance with law in objective manner. Till decision on the representation is communicated to the petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as the petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Alok Sd/- (Ravindra Kumar Agrawal) Judge

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