✦ High Court of India

1 - Smt. Nisha Singh W/o Shri D.P. Singh Aged About 52 Years Teacher v. 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi

Case Details

1 2025:CGHC:26608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5605 of 2025 1 - Smt. Nisha Singh W/o Shri D.P. Singh Aged About 52 Years Teacher Arts (E- Cadre), Govt. Middle School- Ruaabandha, Block- Durg, Distt. Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction, First Floor, Block- C, Indravati, Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Education Division- Durg, Distt. Durg (C.G.) 4 - Collector Durg, Distt. Durg (C.G.) 5 - District Education Officer Durg, Distt. Durg (C.G.) 6 - Block Education Officer Durg, Distt. Durg (C.G.) --- Respondent(s) WPS No. 5804 of 2025 1 - Heera Lal Deshmukh S/o Chherkaram Deshmukh Aged About 50 Years Teacher Science (E-Cadre), Govt. Middle School - Ruda, Block - Durg, Distt.- Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.25 12:22:17 +0530 2

Legal Reasoning

2 - Director Directorate Of Public Instruction, First Floor, Block - C, Indravati Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Education Division - Durg, Distt.- Durg (C.G.) 4 - Collector Durg, Distt.- Durg, (C.G.) 5 - District Education Officer Durg, Distt.- Durg (C.G.) 6 - Block Education Officer Durg, District- Durg (C.G.) --- Respondent(s) WPS No. 5789 of 2025 1 - Ajay Kumar Sharma S/o Ram Saroj Sharma Aged About 43 Years Teacher Maths (E-Cadre), Govt. Middle School- Sankra, District Durg, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, First Floor, Block- C, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 3 - Joint Director Education Division- Durg, District Durg, Chhattisgarh. 4 - Collector Durg, District Durg, Chhattisgarh. 5 - District Education Officer Durg, District Durg, Chhattisgarh. 6 - Block Education Officer Durg, District Durg, Chhattisgarh. --- Respondent(s) WPS No. 5788 of 2025

Legal Reasoning

1 - Smt. Kusum Mandavi W/o Duryodhan Singh Mandavi Aged About 51 Years Teacher Science (E-Cadre), Govt. Middle School - Katro, Block - Durg, Distt.- Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 2 - Director Directorate Of Public Instruction, First Floor, Block - C, Indravati Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Education Division - Durg, Distt.- Durg (C.G.) 4 - Collector Durg, Distt.- Durg (C.G.) 5 - District Education Officer Durg, Distt.- Durg (C.G.) 6 - Block Education Officer Durg, Distt.- Durg (C.G.) --- Respondent(s) WPS No. 5785 of 2025 1 - Smt. Swati Choubey W/o Vinay Choubey Aged About 44 Years Teacher Scienct (E-Cadre), Govt. Middle School - Jheet, Block - Patan, Distt.- Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Director Directorate Of Public Instruction, First Floor, Block - C, Indravati Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Education Division - Durg, Distt.- Durg (C.G.) 4 - Collector Durg, Distt.- Durg (C.G.) 5 - District Education Officer Durg, Distt.- Durg (C.G.) 6 - Block Education Officer Block - Patan, Distt.- Durg (C.G.) --- Respondent(s) WPS No. 5778 of 2025 1 - Smt. Hemlata Sahu W/o Bhilendra Kumar Sahu Aged About 39 Years Teacher Maths (E-Cadre), Govt. Middle School - Morid, Durg, Distt.- Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Director Directorate Of Public Instruction, First Floor, Block - C Indravati Bhawan, Naya Raipur, District- Raipur (C.G.) 4 3 - Joint Director Education Division - Durg, Distt.- Durg (C.G.) 4 - Collector Durg, Distt.- Durg (C.G.) 5 - District Education Officer Durg, Distt.- Durg (C.G) 6 - Block Education Officer Durg, Distt.- Durg (C.G.) --- Respondent(s) WPS No. 5747 of 2025 1 - Lekhram Chandrakar S/o Ramlal Chandrakar Aged About 40 Years Teacher Maths (E-Cadre), Govt. Middle School - Gadadih, District - Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction, First Floor, Block-C, Indravati Bhawan, Naya Raipur, District - Raipur (C.G.) 3 - Joint Director Education Division - Durg, District - Durg (C.G.) 4 - Collector Durg, District - Durg (C.G.) 5 - District Education Officer Durg, District - Durg (C.G.) 6 - Block Education Officer Durg, District - Durg (C.G.) --- Respondent(s) WPS No. 5736 of 2025 1 - Smt. Rekha Bhardiya W/o Mohan Lal Bhardiya Aged About 34 Years Teacher Science (E- Cadre) Govt. Middle School Aalbaras, Durg District - Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of School Education Mantralaya Mahanadi Bhawan Atal Nagar Nawa Raipur District - Raipur (C.G.) 2 - Director Directorate Of Public Instruction First Floor Block C- Indrawati Bhawan Naya Raipur District - Raipur (C.G.) 3 - Joint Director Education Division Durg District - Durg (C.G.) 5 4 - Collector Durg District- Durg (C.G.) 5 - District Education Officer Durg, District - Durg (C.G.) 6 - Block Education Officer Durg District - Durg (C.G.) --- Respondent(s) WPS No. 5735 of 2025 1 - Khileshwar Singh Netam S/o Roop Singh Netam Aged About 47 Years Teacher Science (E-Cadre), Govt. Middle School - Hanoda, Distt. Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction, First Floor, Block C, Indravati Bhawan, Naya Raipur, District Raipur Chhattisgarh 3 - Joint Director Education Division - Durg, Distt. Durg Chhattisgarh 4 - Collector Durg, Distt. Durg Chhattisgarh 5 - District Education Officer Durg, Distt. Durg Chhattisgarh 6 - Block Education Officer Durg, Distt. Durg Chhattisgarh --- Respondent(s) WPS No. 5719 of 2025 1 - Mansha Ram Lahre S/o Late Charan Lahre Aged About 57 Years Teacher Hindi (E-Cadre), Govt. Middle School - Matwari, Distt. - Durg Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Director Directorate Of Public Instruction, First Floor, Block - C, Indravati Bhawan, Naya Raipur, District - Raipur Chhattisgarh 3 - Joint Director Education Division - Durg, Distt. Durg Chhattisgarh 6 4 - Collector Durg, Distt. Durg Chhattisgarh 5 - District Education Officer Durg, Distt. Durg Chhattisgarh 6 - Block Education Officer Durg, Distt. Durg Chhattisgarh --- Respondent(s) WPS No. 5712 of 2025 1 - Indrakala Dongre W/o Shri S.R. Dongre Aged About 59 Years Teacher Arts (E-Cadre), Govt. Middle School- Shardapara, Durg, Block- Durg, Distt. Durg (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction, First Floor, Block- C, Indravati Bhawan, Naya Raipur, District- Raipur (C.G.) 3 - Joint Director Education Division- Durg, Distt. Durg (C.G.) 4 - Collector Durg, Distt. Durg (C.G.) 5 - District Education Officer Durg, Distt. Durg (C.G.) 6 - Block Education Officer Durg, Distt. Durg (C.G.) (Cause title taken from Case Information System) ... Respondent(s) For Petitioner(s) For Respondent(s)/ State : : Mr. Shrawan Agrawal, Advocate Mr. Akhilesh Kumar, Govt. Advocate Mr. Suyashdhar Badgaiya, Deputy G.A. Ms. Smita Jha, Panel Lawyer Mr. Mayur Khandelwal, Panel Lawyer Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 23/06/2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer orders and action of the respondents, whereby the petitioners 7 have been declared surplus Teachers 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 is 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, 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, 2025. Thereafter, the Committee shall decide the representation of the petitioners 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 petitioners, the impugned transfer order issued under Teacher 8 Rationalization Instructions, so far as petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions

Decision

stand disposed of. ved Sd/- (Ravindra Kumar Agrawal) Judge

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