Chandrakali Ekka vs State Of Chhattisgarh
2026 Latest Caselaw 1867 Chatt

Chattisgarh High Court

Chandrakali Ekka vs State Of Chhattisgarh on 20 April, 2026

Author: Parth Prateem Sahu

Bench: Parth Prateem Sahu

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                                                                     2026:CGHC:17751
                                                                                      NAFR
                 HIGH COURT OF CHHATTISGARH AT BILASPUR

                                      WPS No. 3391 of 2026

        •   Chandrakali Ekka W/o Domnik Ekka Aged About 54 Years R/o Village Jhino
            Post Rajpur District Balrampur Ramanujganj (C.G.)

                                                                                  ... Petitioners

                                                  versus
        1. State Of Chhattisgarh Through Secretary School Education Department
           Mantralaya Mahanadi Bhawan Capital Complex Atal Nagar Nawa Raipur
           District- Raipur (C.G.)
        2. Director Public Instruction Directorate Indrawati Bhawan Naya Raipur Atal
           Nagar District- Raipur (C.G.)
        3. President State Level Rationalization Committee School Education
           Department Indravati Bhawan New Raipur District- Raipur Chhattisgarh
        4. Joint Director / Secretary Divisional Level Rationalization Committee Surguja
           Division Ambikapur (C.G.)
        5. District Education Officer/secretary District Level Rationalization Committee
           Balrampur District Balrampur-Ramanujganj (C.G.)
        6. Block Education Officer Balrampur District Balrampur - Ramanujganj (C.G.)
                                                                                 ... Respondents

For Petitioner : Ms. Apoorva Ghore, Advocate For Respondent-State : Ms. Anuja Sharma, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 20/04/2026

1. Petitioner has filed this writ petition seeking following reliefs.

"10.1 That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders, and quash the impugned order dated 09.04.2026, passed by Deputy Director, State Level Committee (C.G.) (Annexure P/1) and transfer order dated 04.06.2025 passed by the PAWAN KUMAR District Education Officer, District Level JHA Digitally Rationalization Committee, District- Balrampur signed by PAWAN KUMAR JHA Ramanujganj (Annexure P/2). Further the

respondent authorities may kindly be directed to take a fresh decision strictly in accordance with the guidelines dated 02.08.2024 and transfer policy dated 05.06.2025 and taking into consideration the other factual aspects. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders, and directing the respondent authorities to transfer the petitioner to Government Higher Secondary School, Gopalpur, where a sanctioned post of Lecturer (Economics) is presently lying vacant, and there exists no justifiable or cogent reason on part of the respondent authorities for denying such transfer to the petitioner.

10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief (s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.

2. Learned counsel for petitioner submits that petitioner while posted as

Lecturer in Government Higher Secondary School, Rajpur, District

Balrampur-Ramanujganj is transferred to Govt. Boys Higher Secondary

School, Kusmi under rationalization policy treating the petitioner to be in

surplus in the earlier place of posting. She contended that treating petitioner

to be in surplus in the Govt. Higher Secondary School, Rajpur is not in

dispute. She however submits that after passing of the order dated

04.06.2025 (Annexure P-2), post of Lecturer became vacant in Govt. Higher

Secondary School, Gopalpur. She contended that as the petitioner herself is

suffering with medical ailment and therefore she had challenged the order of

transfer under rationalization policy, however, the authorities have not

considered the same in appropriate manner and rejected it, therefore, this

writ petition is filed.

3. Learned State counsel would oppose the submission of learned counsel for

petitioner and would further submit that on the submission made by learned

counsel for petitioner and the documents enclosed along with writ petition, it

is appearing that petitioner has been transferred on the ground that she was

in surplus in the school at Rajpur. She contended that rationalization policy is

formulated by the State Government so as to post the teacher according to

their ratio in all the schools within the State of Chhattisggarh equally. If

petitioner is having other grievance then that of her posting under the

rationalization policy, petitioner could have submitted a request

representation before the appropriate authority enclosing all the relevant

documents which could have been considered, before the State Level

committee, petitioner has not enclosed any medical document therefore it

cannot be said that the decision taken by the State Level committee headed

by Directorate of Public Instructions to be in any manner erroneous.

4. I have heard learned counsel for the respective parties.

5. The only medical document which is placed along with writ petition appears

to be dated 25.07.2011, no other document is placed on record. Transfer of

petitioner is under rationalization policy which has an object that all the

schools should have teachers in appropriate numbers of the relevant

subjects.

6. In the aforementioned facts of the case, I do not find any error in the posting

of petitioner under rationalization policy when she was in surplus in Govt.

Higher Secondary School, Rajpur, according to rationalization policy. The

decision which is under challenge, Annexure P-1, of the State Level

committee headed by Directorate of Public Instructions has also considered

that the transfer of petitioner is in accordance with the policy formulated by

the State Government as regularization policy.

7. For the foregoing discussion, I do not find any merit in this writ petition, it is

accordingly dismissed. However, if subsequent to passing of the order of

posting under the rationalization policy, if post of Lecturer (Economics)

becomes vacant in any manner, petitioner will be at liberty to file appropriate

application before appropriate authority requesting him for her posting

placing all relevant documents in regard to grounds to be raised therein and

if such an application/ representation is submitted, the concerned authority

shall consider and decide the same in accordance with law.

8. Accordingly, this petition is disposed of with aforesaid observations and

directions.

Certified copy as per rules.

Sd/-

                                                       (Parth Prateem Sahu)
pwn                                                            JUDGE