Chattisgarh High Court
Dr. Sarla Dwivedi vs State Of Chhattisgarh on 10 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P.(S) No. 1276 of 2023
Dr. Sarla Dwivedi W/o Ashish Kumar Dwivedi Aged About 41 Years
Posted As Assistant Professor (Psychology) At Government Babu
Chhotelal Pg College Dhamtari, District : Dhamtari, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through the Secretary, Higher Education
Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur,
District : Raipur, Chhattisgarh
2. Under Secretary Higher Education Department, Mantralaya,
Mahanadi Bhawan, Atal Nagar Raipur, District : Raipur,
Chhattisgarh
3. Governemnt Babu Chhotelal Pg College Dhamtari, Through Its
Principal District Dhamtari Chhattagarh.
---- Respondents
For Petitioner : Mr. Mateen Siddiqui, Advocate
For Respondents/State : Mr. Kashif Shakeel, Dy.A.G.
Hon'ble Shri Justice Parth Prateem Sahu
Order On Board
10/02/2023
1. Challenge in this petition is to the order dated 02.01.2023,
whereby petitioner, who is holding the post of Assistant Professor
(Psychology), posted at Government Babu Chhotelal P.G.
College, Dhamtari, District - Dhamtari is transferred to
Government Danteshwari P.G. College, Dantewada, District -
Dantewada.
2. Learned counsel for petitioner submits that transfer of petitioner
is in mids of academic session. Child of petitioner is studying in
Class-III in St. Mary's Eng. Sr. Secondary School, Dhamtari.
Certificate in this regard has been issued by Principal of the said
school. It is also contended that pursuant to her posting,
petitioner is also appointed as Psychologist under Section 15 of
the Juvenile Justice (Care and Protection of Children) Act, 2015
vide order dated 23.11.2019. Petitioner is not relieved till date
and no other Assistant Professor is posted in place of petitioner.
In support of his contention, he placed reliance on the judgment
of Supreme Court in case of Director of School Education Vs.
O. Karuppa Thevan, reported in 1994 SCC Suppl. (2) 666.
3. Learned State counsel opposing the submission made by learned
counsel for petitioner would submit that petitioner is holding a
transferable post and transfer is made on administrative ground.
She can not claim as a matter of right to be posted at a particular
place. However, he submits that if petitioner is aggrieved in any
manner with her transfer, she can submit representation, before
the Committee constituted under Clause 8 of transfer policy.
4. I have heard learned counsel for parties and perused the
documents available in record.
5. Taking into consideration the submission made by learned
counsel for petitioner that transfer of petitioner is in mids of
academic session as also the decision of Hon'ble Supreme Court
in case of Director of School Education (supra), this petition is
disposed off at this stage instead of keeping this petition pending
and taking reply from the State, directing the petitioner to submit
representation before the Committee constituted under Clause -
8 of transfer policy within a period of two weeks and if such
representation is submitted, concerned Committee shall decide
the same expeditiously preferably within a period of three weeks
from the date of receipt of representation in accordance with law.
6. Till the decision on representation, status-quo as is exists today
shall be maintained with regard to place of posting of petitioner.
7. Accordingly, this petition is disposed off with aforesaid
observations and directions.
C.C. as per rules.
1. Sd/-
(Parth Prateem Sahu)
Judge
Balram
