✦ High Court of India

1 - Reema Mishra W/o Suraj Mishra Aged About 50 Years Teacher Maths (E v. 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi

Case Details

1 2025:CGHC:27997 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6289 of 2025 1 - Reema Mishra W/o Suraj Mishra Aged About 50 Years Teacher Maths (E- Cadre), Govt. Middle School- Shastri Nagar, Bhilai, 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.) --- Respondent(s) WPS No. 6387 of 2025

Legal Reasoning

1 - Smt. Swati Mishra W/o Ritu Kamal Mishra Aged About 37 Years Assistant Teacher (Lb), Govt. Primary School- Tilak Kanya No. 1, 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.) VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.06.27 17:41:46 +0530 2 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.) --- Respondent(s) WPS No. 6323 of 2025 1 - Smt. Sandhya Sahu W/o Shri Bhilendra Kumar Sahu Aged About 39 Years Assistant Teacher (L.B.) Govt. Primary School - Tilak Kanya No. 1, Block - 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, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3 - Joint Director Educatoin 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. 6417 of 2025 1 - Shri Yuvraj Belchandan S/o Kedar Singh Aged About 54 Years Teacher Maths (E-Cadre), Govt. Middle School- Nikum, 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 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. --- Respondent(s) WPS No. 6413 of 2025 1 - Shri Ram Kumar Malviya S/o Moti Ram Aged About 55 Years Teacher Sanskrit (E-Cadre), Govt. Middle School- Temri, District Durg, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh. 2 - Director Directorate Of Public Instruction, First Floor, C- Block, Indiravati Bhawan, Nava 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. --- Respondent(s) WPS No. 6403 of 2025 1 - Kishor Kumar Lahri S/o Kamta Prasad Lahri Aged About 53 Years Teacher Hindi (E-Cadre), Govt. Middle School Malpurikala, 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.) 4 5 - District Education Officer Durg, District - Durg (C.G.) --- Respondent(s) WPS No. 6398 of 2025 1 - Dharmendra Kumar Hirwani S/o Madhusudan Hirwani Aged About 46 Years Teacher Maths (E-Cadre), Gpvt. Middle School - Malpurikala, 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.) 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.) --- Respondent(s) WPS No. 6385 of 2025 1 - Smt. Komal Patel W/o Khirod Patel Aged About 31 Years Teacher Maths (E- Cadre), Govt. Middle School Kumhari, 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.) --- Respondent(s) 5 WPS No. 6378 of 2025 1 - Smt. Manisha Sinha W/o Chandrapal Singh Aged About 42 Years Teacher Science (E-Cadre), Govt. Middle School - Charoda, 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, 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.) --- Respondent(s) WPS No. 6376 of 2025 1 - Smt. Hima W/o Lilesh Kumar Aged About 39 Years Teacher Science (E- Cadre), Govt. Middle School - Anda, 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.) --- Respondent(s) 6 WPS No. 6363 of 2025 1 - Khileshwar Prasad Deshmukh S/o Ramdhin Deshmukh Aged About 43 Years Teacher Maths (E- Cadre) Govt. Middle School Risama, 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 Chhattisgarh 2 - Director Directorate Of Public Instrucation First Floor, Block C, Indrawati Bhawan Naya Raipur District - Raipur (C.G.) 3 - Joint Director Eudcation Division Durg District - Durg (C.G.) 4 - Collector Durg, District - Durg (C.G.) 5 - District Education Officer Durg District -Durg (C.G.) --- Respondent(s) WPS No. 6327 of 2025 1 - Smt. Jyoti Mahanand W/o Suresh Kumar Mahanand Aged About 38 Years Teacher Science (E-Cadre), Govt. Middle School - Station Maroda, 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, Indravati Bhawan, Naya Raipur, District Raipur (C.G.) 3 - Joint Director Educatoin Division - Durg, District Durg (C.G.) 4 - Collector Durg, District Durg (C.G.) 5 - District Education Officer Durg, District Durg (C.G.) --- Respondent(s) 7 WPS No. 6290 of 2025 1 - Sangeeta Ramteke W/o Jitendra Ramteke Aged About 50 Years Teacher Arts (E - Cadre), Govt. Middle School Ruabandha, District Durg Chhattisgarh. ---Petitioner(s) 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. Versus 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 Chhattigarh. 5 - Disrict Education Officer Durg, District Durg Chhattisgarh. (Cause-title taken from Case Information System) ... Respondent(s) For Petitioner(s) : Mr. Shrawan Agrawal, Advocate For Respondent(s)/State : Mr. Akhilesh Kumar, Govt. Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 26/06/2025 1. By way of these writ petitions, the petitioner(s) is/are challenging the impugned transfer order(s) and action of the respondents whereby the petitioner(s) has/have been declared surplus Teacher(s) and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioner(s) 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 petitioner(s), and if the petitioner(s) is/are not granted interim relief, he/she/they will suffer with irreparable loss. Therefore, the impugned order(s) is/are liable to be set aside. 8 3. Learned counsel for the State would submit that after due verification of records the petitioner(s) has/have been transferred under the rationalization instructions issued by the State Government. It is further submitted that if the petitioner(s) is/are having any grievance, he/she/they may move fresh representation before the concerned District/Divisional Rationalization Committee and the Committee will take a decision on his/her/their representation(s), 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 petitioner(s) is/are directed to make fresh representation(s) before the concerned District/Divisional Rationalization Committee within a period of 05 days from today and thereafter the Committee shall decide the same within a further period of 05 days from the date of receipt of representation(s), in accordance with law, in objective manner. Till representation(s) of petitioner(s) is/are decided, there shall be status quo as it exists today so far as transfer of present petitioner(s) is/are concerned. 6. With the aforesaid observation and direction, the present writ petitions stand

Decision

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

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