1 - Miss Yashoda Jain D/o Mr. Sombhai Jain Aged About 45 Years Post v. 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya
Case Details
1 SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.06.19 18:58:37 +0530 2025:CGHC:25743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5223 of 2025 1 - Miss Yashoda Jain D/o Mr. Sombhai Jain Aged About 45 Years Post Assistant Teacher (Local Body) Posted At Govt. Primary School, Nathiya Nawagaon, Block Kanker, Distt. Uttar Baster Kanker Chhattisgarh --- Petitioner(s) versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt. Raipur Chhattisgarh 2 - Director Public Instruction, Mantralaya, Naya Raipur, Distt. Raipur 3 - The Collector And President District Rationalization Committee, Distt. Uttar Baster Kanker Chhattisgarh 4 - District Education Officer Distt. Uttar Baster Kanker Chhattisgarh 5 - District Education Officer And Secretary District Level Rationalization Committee, Distt. Uttar Baster Kanker Chhattisgarh 6 - Joint Director Education Division Baster Jagdalpur Distt. Baster Chhattisgarh --- Respondent(s) WPS No. 5318 of 2025
Legal Reasoning
1 - Satya Prakash Markam S/o Mr. Phool Singh Markam Aged About 47 Years Post Lecturer Local Body, Posted At Govt. Higher Secondary School, Thama, Block Narharpur Distt. Uttar Baster Kanker Chhattisgarh 2 2 - Mrs. Suman Markam W/o Mr. Satya Prakash Markam Aged About 42 Years Post Assistant Teacher Local Body, Posted At Govt. Primary School Anjani, Block Kanker Distt. Uttar Baster Kanker Chhattisgarh 3 - Mrs. Sarita Kumar W/o Mr. Krishna Kumar Mandavi Aged About 43 Years Post Assistant Teacher (Local Body), Posted At Govt. Primary School Ichhapur, Block Kanker, Distt. Uttar Baster Kanker Chhattisgarh 4 - Mrs. Sushila Dhruw W/o Mr. Pitamber Dhruw Aged About 44 Years Post Assistant Teacher (Local Body), Posted At Govt. Primary School Ichhapur, Block Kanker Distt. Uttar Baster Kanker Chhattisgarh 5 - Tarun Kumar Thakur S/o Mr. Damru Singh Thakur Aged About 48 Years Post Lecturer (Local Body), Posted At Govt. Higher Secondary School Kodoli, Block Tokapal, Distt. Baster Chhattisgarh 6 - Rakesh Kumar Netam S/o Mr. Rajesh Kumar Netam Aged About 45 Years Post Assistant Teacher (Local Body), Posted At Govt. Primary School Pataud Block Kanker Distt. Uttar Baster Kanker Chhattisgarh 7 - Devendra Kumar Sahu S/o Mr. Tameshwar Sahu Aged About 36 Years Post Teacher (Local Body), Posted At Govt. Upper School Sidesar Block Kanker Distt. Uttar Baster Kanker Chhattisgarh ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mahanadi Bhawan Naya Raipur, Distt. Raipur Chhattisgarh 2 - Secretary Panchayat And Rural Development Department Mahanadi Bhawan, Naya Raipur Distt. Raipur Chhattisgarh 3 - Director Lok Shikshan, Chhattisgarh, Block C, Indravati Bhavan, Atal Nagar, Raipur Chhattisgarh 4 - District Education Officer Distt. Uttar Baster Kanker Chhattisgarh --- Respondent(s) 3 WPS No. 5313 of 2025 1 - Abhilasha Shori D/o. Mr. Karan Singh Shori Aged About 45 Years Post Assistant Teacher (Local Body) Posted At Govt. Primary School, Nathiyanawagaon, Block - Kanker, Dist. Uttar Bastar Kanker (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, Dist. Raipur (C.G.) 2 - Director, Public Instruction Mantralaya, Naya Raipur, Dist. Raipur (C.G.) 3 - The Collector And President District Rationalization Committee, Dist. Uttar Bastar Kanker (C.G.) 4 - District Education Officer Dist. Uttar Bastar Kanker (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, Dist. Uttar Bastar Kanker (C.G.) 6 - Joint Director, Education Division Bastar, Jagdalpur, District - Bastar (C.G.) --- Respondent(s) WPS No. 5306 of 2025 1 - Sanjay Kumar Sahu S/o Mr. Bharat Ram Sahu Aged About 38 Years Post - Assistant Teacher (Local Body), Posted At Govt. Primary School, Saranda, Block - Narharpur, District - Uttar Bastar Kanker (C.G.) ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District - Raipur (C.G.) 2 - Director Public Instruction, Mantralaya, Naya Raipur, District - Raipur (C.G.) 4 3 - The Collector And President District Rationalization Committee, District - Uttar Bastar Kanker (C.G.) 4 - District Education Officer District - Uttar Bastar Kanker (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District - Uttar Bastar Kanker (C.G.) 6 - Joint Director Education Division Bastar, Jagdalpur, District - Bastar (C.G.) --- Respondent(s) WPS No. 5279 of 2025 1 - Mrs. Purnima Netam W/o Mr. Satish Kumar Netam Aged About 40 Years Post Lecturer (Local Body), Posted At Govt. Higher Secondary School, Chandeli, Block Charama District Uttar Baster Kanker Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, District Raipur Chhattisgarh. 2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur. 3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker Chhattisgarh. 4 - District Education Officer District Uttar Baster Kanker Chhattisgarh. 5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Baster Kanker Chhattisgarh. --- Respondent(s) WPS No. 5254 of 2025 5 1 - Mrs. Jyoti Keshri W/o. Mr. Omeshwar Prasad Keshri Aged About 35 Years Post Assistant Teacher (Local Body) Posted At Govt. Primary School, Nandanmara, Chhotepara, Block - Kanker, Distt. Uttar Bastar Kanker (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, Distt. Raipur (C.G.) 2 - Director, Public Instruction Mantralaya, Naya Raipur, District - Raipur (C.G.) 3 - The Collector And President District Rationalization Committee, District - Uttar Bastar Kanker (C.G.) 4 - District Education Officer District - Uttar Bastar Kanker (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District - Uttar Bastar Kanker (C.G.) 6 - Joint Director Education Division Bastar, Jagdalpur, District - Bastar (C.G.) --- Respondent(s) WPS No. 5253 of 2025 1 - Mrs. Pushplata Korram W/o Mr. Kartik Ram Korram Aged About 51 Years Post Teacher (Local Body), Posted At Govt. Upper Primary School, Hanpatri, Block Durgukondal, District Uttar Baster Kanker Chhattisgarh. ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, District Raipur Chhattisgarh. 2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur. 6 3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker Chhattisgarh. 4 - District Education Officer District Uttar Baster Kanker Chhattisgarh. 5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Bastar Kanker Chhattisgarh. --- Respondent(s) WPS No. 5245 of 2025 1 - Chumman Lal Dewangan S/o Mr. Ramaasra Dewangan Aged About 41 Years Post Head Master Primary, Posted At Govt. Primary School Mardapoti, Block - Kanker, District - Uttar Bastar Kanker (C.G.) ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District - Raipur (C.G.) 2 - Director Public Instruction, Mantralaya, Naya Raipur, District - Raipur (C.G.) 3 - The Collector And President District Rationalization Committee, District - Uttar Bastar Kanker (C.G.) 4 - District Education Officer District - Uttar Bastar Kanker (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, District - Uttar Bastar Kanker (C.G.) 6 - Joint Director Education Division Bastar, Jagdalpur, District - Bastar (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Parag Kotecha, Advocate For Respondent(s) : Mr. Akhilesh Kumar, Govt. Advocate 7 Mr. Anmol Sharma, Panel Lawyer Mr. Shreyansh Mehta, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 19/06/2025 1. By way of this writ petition, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have been 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 with irreparable loss. Therefore,
Decision
the impugned order is liable to be set aside. 3. Learned counsel for the State would submit that after due verification of records, the petitioners have been transferred under the rationalization instructions issued by the State Government. Learned State counsel 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 8 petitioners are directed to make fresh representation before the concerned District Rationalization Committee within a period of 05 days from today, and appear before the said Committee on 25th June, 2025. Thereafter, the Committee shall decide the representation of the petitioner within 07 days from the date of receipt of representation in accordance with law, in objective manner. Till decision on the representation is communicated to the petitioner, the impugned transfer order issued under Teacher Rationalization Instructions, so far as petitioner is concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petition stands disposed of. sagrika Sd/- (Ravindra Kumar Agrawal) Judge