Anil Kumar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5669 of 2019 Anil Kumar Patel S/o Shri Kaushal Prasad Patel Aged About 38 Years Presently Posted As Assistant Teacher ( L.B. ) At Government Middle School Bharatpur, R/o Village - Janakpur, Tahsil Bharatpur District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Secretary Department Of School Education, Mantralaya, Mahanadi, Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector, Koriya District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

3. District Education Officer Koriya District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh

4. Block Education Officer, Bharatpur District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Respondents For Petitioner :

Mr. Ishan Verma, Advocate For State :

Mr. Anshuman Shrivastava, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 02/08/2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 12.07.2019 whereby the petitioner has been transferred from Higher Secondary School, Bharatpur District- Koriya to Primary School, Pandopara, Khadgawan, District- Koriya.

2. The challenge is on the grounds, firstly the petitioner is a Block Secretary at Bharatpur of the Chhattisgarh Shikshak Mahasangh, Bharatpur, District- Koriya. The second ground is that on the petitioner being transferred from the present place of posting the

statistics of the school would get disbalanced in as much as that the student-teacher ratio of the school would get adversely affected which is in total violation of rules and guidelines framed by the State Government in this regard.

3. Given the aforesaid facts and circumstances of the case, the petitioner is directed to make an appropriate representation to the respondent No. 3 within a period of seven days from today and respondent No. 3 in turn shall decide the representation within a further period of 30 days taking into consideration the contentions that petitioner would raise in his representation.

4. Till the representation of the petitioner decided by respondent No. 3 the petitioner shall be permitted to discharge his duties at the present place of posting i.e. at Bharatpur.

5. With the aforesaid observations, the present writ petition stands allowed and disposed off.

Sd/- (P. Sam Koshy) Judge Rohit