✦ High Court of India

1 - Mrs. Poonam Thakur W/o Mr. Nagendra Thakur 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: 2025.06.24 10:06:56 +0530 2025:CGHC:26601 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5586 of 2025 1 - Mrs. Poonam Thakur W/o Mr. Nagendra Thakur Aged About 45 Years Post Assistant Teacher Local Body, Posted At Govt. Primary School Bewarti, Block Kanker Distt. Uttar Baster Kanker C.G --- Petitioner(s) versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt. Raipur Cg 2 - Director Public Instruction, Mantralaya, Naya Raipur, Distt. Raipur 3 - The Collector And President District Rationalization Committee Distt. Uttar Baster Kanker Cg 4 - District Education Officer Distt. Uttar Baster Kanker C.G 5 - District Education Officer And Secretary District Level Rationalization Committee Distt. Uttar Baster Kanker Cg 6 - Joint Director Education, Division Baster Jagdalpur Distt. Baster Cg --- Respondent(s) WPS No. 5761 of 2025 2

Legal Reasoning

1 - Mrs. Geeta Shandilya W/o Late Mr. Vijay Kumar Shandilya Aged About 53 Years Post Teacher Local Body, Posted At Govt. Upper Primary School Golkumhada, Block - Charama, Distt.- Uttar Baster Kanker (C.G.) ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt.- Raipur C.G. 2 - Director Public Instruction, Mantralaya, Naya Raipur, Distt.- Raipur (C.G.) 3 - The Collector And President District Rationalization Committee Distt.- Uttar Baster Kanker C.G. 4 - District Education Officer Distt. Uttar Baster Kanker C.G. 5 - District Education Officer And Secretary District Level Rationalization Committee Distt. - Uttar Baster Kanker C.G. 6 - Joint Director Education, Division Baster Jagdalpur, Distt.- Baster C.G. --- Respondent(s) WPS No. 5731 of 2025 1 - Mrs. Santoshi Ramteke W/o Mr. Yogendra Kumar Ramteke Aged About 42 Years Post Assistant Teacher Local Body, Posted At Govt. Primary School Maripara Karap, Block Narharpur 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 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. 5722 of 2025 1 - Mrs. Savita Mandavi W/o Mr. Santu Ram Mandavi Aged About 41 Years Post Assistant Teacher Local Body, Posted At Govt. Primary School Budeli, Block Narharpur Distt. Uttar Baster 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, Distt. Raipur. 3 - The Collector And President District Rationalization Committee, Distt. Uttar Baster Kanker (C.G.) 4 - District Education Officer Distt. Uttar Baster Kanker (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, Distt. Uttar Baster Kanker (C.G.) 6 - Joint Director Education, Division Baster Jagdalpur Distt. Baster (C.G.) --- Respondent(s) WPS No. 5721 of 2025 4 1 - Suresh Netam S/o Late Mr. Thakur Ram Netam Aged About 40 Years Post Assistant Teacher Local Body, Posted At Govt. Primary School Gadhiyapara, Anjani, Block Kanker Distt. Uttar Baster 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, Distt. Raipur. 3 - The Collector And President District Rationalization Committee, Distt. Uttar Baster Kanker (C.G.) 4 - District Education Officer Distt. Uttar Baster Kander (C.G.) 5 - District Education Officer And Secretary District Level Rationalization Committee, Distt. Uttar Baster Kanker (C.G.) 6 - Joint Director Education, Division Baster Jagdalpur Distt. Baster (C.G.) --- Respondent(s) WPS No. 5717 of 2025 1 - Mrs. Lakeshwari Chaurka W/o Mr. Uday Ram Chaurka Aged About 40 Years Post Teacher, (Local Body), Posted At Govt. Upper Primary School, Markatola,. Block Kanker 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, Mantralay, Naya Raipur, Distt.Raipur Chhattisgarh 5 3 - The Collector And President District Rationalization Committee, District Uttar Bastar Kanker Chhattisgarh 4 - District Education Officer, District Uttar Bastar Kanker Chhattisgarh 5 - District Education Officer And Secretary, District Level Rationalization Committee, District Uttar Bastar Kanker Chhattisgarh --- Respondent(s) WPS No. 5672 of 2025 1 - Mrs. Chanchal Durge W/o Mr. Chandrashekhar Durge Aged About 45 Years Post Assistant Teacher Local Body, Posted At Govt. Primary School Paddapara Karathi, Block Bhanupratappur, Distt. Uttar Baster Kanker C.G ---Petitioner(s) Versus 1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt. Raipur C.G 2 - Director Public Instruction, Mantralaya, Naya Raipur, Distt. Raipur (C.G.) 3 - The Collector And President District Rationalization Committee Distt. Uttar Baster Kanker Cg 4 - District Education Officer Distt. Uttar Baster Kanker C.G 5 - District Education Officer And Secretary District Level Rationalization Committee Distt. Uttar Baster Kanker Cg 6 - Joint Director Education, Division Baster Jagdalpur Distt. Baster Cg --- Respondent(s) For Petitioner(s) For Respondent(s) : : Ms. Bhavika Kotecha, Advocate Mr. Shreyansh Mehta, P.L. Ms. Smita Jha, P. L 6 Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/06/2025 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 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 30th June, 7 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

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