Basant Kumar Kunjam Vs the State of Chhattisgarh

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2025:CGHC:26063

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5295 of 2025

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1 - Mrs. Priyanka Kashyap W/o. Mr. Rajesh Kumar Kashyap Aged About 40 Years Post Assistant Teacher (Local Body) Posted At Govt. Primary School, Risaulari, Narharpur, Block - Narharpur, District - Uttar Bastar Kanker (C.G.)

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--- Petitioner(s)

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versus

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1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District - Raipur (C.G.)

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2 - Director, Public Instruction Mantralaya, Naya Raipur, District - Raipur (C.G.)

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3 - The Collector And President District Rationalization Committee, District - Uttar Bastar Kanker (C.G.)

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4 - District Education Officer District - Uttar Bastar Kanker (C.G.)

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5 - District Education Officer And Secretary District Level Rationalization Committee, District - Uttar Bastar Kanker (C.G.)

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6 - Joint Director, Education Division Bastar, Jagdalpur, Distt. Bastar (C.G.)

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--- Respondent(s)

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WPS No. 5579 of 2025

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1 - Mrs. Uttara Thakur W/o Mr. Shantanu Kumar Thakur Aged About 49 Years Post Assistant Teacher (Local Body), Posted At Govt. Primary School Korar, Block - Bhanupratappur, District - Uttar Bastar Kanker (C.G.)

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--- Petitioner(s)

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Versus

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1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District - Raipur (C.G.)

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VEDPRAKASH DEWANGAN Digitally signed byVEDPRAKASH DEWANGAN Date: 2025.06.21 12:07:29 +0530

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2

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2 - Director Public Instruction, Mantralaya, Naya Raipur, District - Raipur (C.G.)

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3 - The Collector And President District Rationalization Committee, District - Uttar Bastar Kanker (C.G.)

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4 - District Education Officer District - Uttar Bastar Kanker (C.G.)

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5 - District Education Officer And Secretary District Level Rationalization Committee, District - Uttar Bastar Kanker (C.G.)

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--- Respondent(s)

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WPS No. 5562 of 2025

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1 - Mrs. Nilam Nayak W/o Mr. Gaurishankar Nayak Aged About 49 Years Post Assistant Teacher (Local Body) Posted At Govt. Primary School, Karathi, Block Bhanupratappur Distt. Uttar Baster Kanker C.G

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--- Petitioner(s)

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Versus

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1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt. Raipur Cg

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2 - Director Public Instruction, Mantralaya, Naya Raipur, Distt. Raipur

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3 - The Collector And President District Rationalization Committee Distt. Uttar Baster Kanker Cg

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4 - District Education Officer Distt. Uttar Baster Kanker C.G

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5 - District Education Officer And Secretary District Level Rationalization Committee Distt. Uttar Baster Kanker C.G

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6 - Joint Director Education, Division Baster Jagdalpur Distt. Baster Cg

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--- Respondent(s)

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WPS No. 5540 of 2025

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1 - Satyaprakash Markam S/o Mr. Phool Singh Markam Aged About 47 Years Post Lecturer (Local Body) Posted At Govt. H. S. School Thema Block Narharpur, District - Uttar Baster Kanker (C.G.)

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--- Petitioner(s)

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Versus

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1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya Naya Raipur District - Raipur (C.G.)

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2 - Director Public Instruction Mantralaya Naya Raipur District - Raipur (C.G.)

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3

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3 - The Collector And President District Rationalization Committee , District - Uttar Baster Kanker (C.G.)

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4 - District Education Officer District - Uttar Baster Kanker (C.G.)

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5 - District Education Officr And Secretary District Level Rationalization Committee District - Uttar Baster Kanker (C.G.)

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6 - Joint Director Education Baster Jagdalpur District - Baster Jagdalpur (C.G.)

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--- Respondent(s)

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WPS No. 5501 of 2025

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1 - Basant Kumar Kunjam S/o Mr. Rattu Lal Kunjam Aged About 46 Years Post Teacher (Local Body), Posted At Govt. Upper Primary School, Mohpur, Block Kanker, Distt. Uttar Baster Kanker Chhattisgarh

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--- Petitioner(s)

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Versus

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1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, Distt. Raipur Chhattisgarh

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2 - Director Public Instruction, Mantralaya, Naya Raipur, Distt. Raipur

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3 - The Collector And President District Rationalization Committee, Distt. Uttar Baster Kanker Chhattisgarh

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4 - District Education Officer Distt. Uttar Baster Kanker Chhattisgarh

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5 - District Education Officer And Secretary District Level Rationalization Committee, Distt. Uttar Baster Kanker Chhattisgarh

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--- Respondent(s)

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WPS No. 5482 of 2025

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1 - Jitendra Kumar Awasthi S/o Late Mr. Umakant Awasthi Aged About 58 Years Post Assistant Teacher (Local Body), Posted At Govt. Primary School, Masulpani, Narharpur, Block - Narharpur,, District - Uttar Bastar Kanker (C.G.)

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--- Petitioner(s)

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Versus

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1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District - Raipur (C.G.)

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2 - Director Public Instruction, Mantralaya, Naya Raipur, District - Raipur (C.G.)

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3 - The Collector And President District Rationalization Committee, District - Uttar Bastar Kanker (C.G.)

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4 - District Education Officer District - Uttar Bastar Kanker (C.G.)

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5 - District Education Officer And Secretary District Level Rationalization Committee, District - Uttar Bastar Kanker (C.G.)

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6 - Joint Director Education Division Bastar, Jagdalpur, District - Bastar (C.G.)

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--- Respondent(s)

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WPS No. 5459 of 2025

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1 - Mrs. Megha Kunjam W/o Mr. Hemraj Kunjam Aged About 38 Years Post Assistant Teacher (Local Body) Posted At Govt. Primary School Junwani, Block Narharpur, District Uttar Baster Kanker, Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

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2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

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3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh.

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4 - District Education Officer District Uttar Baster Kanker, Chhattisgarh.

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5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh.

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6 - Joint Director Education Division Baster Jagdalpur, District Baster, Chhattisgarh.

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--- Respondent(s)

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WPS No. 5453 of 2025

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1 - Dinesh Kumar Mandavi S/o Mr. Shivcharan Mandavi Aged About 43 Years Post Teacher (Local Body) Posted At Govt. Upper Primary School Shahawada, Block Charama District Uttar Baster Kanker, Chhattisgarh.

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Petitioner(s)

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Versus

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1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

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2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

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3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh.

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4 - District Education Officer District Uttar Baster Kanker, Chhattisgarh.

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5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh.

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--- Respondent(s)

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WPS No. 5439 of 2025

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1 - Vinood Kumar Watti S/o Mr. Nakul Ram Watti Aged About 48 Years Post Teacher (Local Body) Posted At Govt. Upper Primary School, Chilputi Block Kondagaon District - Kondagon (C.G.)

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--- Petitioner(s)

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Versus

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1 - State Of Chhattisgarh Through Its Secretary, School Education Department Mantalaya Naya Raipur District - Raipur (C.G.)

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2 - Director Public Instruction Mantralaya, Naya Raipur District - Raipur (C.G.)

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3 - The Collector And President District Rationalization Committee District - Kondagaon (C.G.)

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4 - District Education Officer District - Kondagaon (C.G.)

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5 - District Education Officer And Secretary District Level Rationalization Committee District - Kondagaon (C.G.)

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--- Respondent(s)

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WPS No. 5416 of 2025

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1 - Parimal Ray S/o Mr. Hemant Chand Ray Aged About 53 Years Post Teacher (Local Body), Posted At Govt. Upper Primary School, P.V. 8, Block Koylibeda, District Uttar Baster Kanker Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - The State Of Chhattisgarh Through Its Secretary, School Education Department Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

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2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur Chhattisgarh.

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3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker Chhattisgarh.

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4 - District Education Officer District Uttar Baster Kanker Chhattisgarh.

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5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Baster Kanker Chhattisgarh.

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--- Respondent(s)

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WPS No. 5347 of 2025

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1 - Mrs. Aruna Khudshyam W/o Mr. Rajendra Kumar Khudshyam Aged About 45 Years Post Assistant Teacher (Local Body) Posted At Govt. Primary School Khairkheda, Block Charama District Uttar Baster Kanker, Chhattisgarh.

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--- Petitioner(s)

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Versus

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1 - The State Of Chhattisgarh Through Its Secretary, School Education Department, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

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2 - Director Public Instruction, Mantralaya, Naya Raipur, District Raipur, Chhattisgarh.

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3 - The Collector And President District Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh.

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4 - District Education Officer District Uttar Baster Kanker, Chhattisgarh.

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5 - District Education Officer And Secretary District Level Rationalization Committee, District Uttar Baster Kanker, Chhattisgarh.

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--- Respondent(s)

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(Cause title taken from Case Information System)

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For Petitioner(s)	:	Mr. Parag Kotecha, Advocate
For Respondent(s) / State	:	Mr. S.P. Kale, Additional A.G. Mr. Akhilesh Kumar, Govt. Advocate Mr. Sabyasachi Choubey, Panel Lawyer Ms. Anuja Sharma, Panel Lawyer Mr. Shreyansh Mehta, Panel Lawyer Mr. Santosh Bharat, Panel Lawyer
		Mr. Kanwaljeet Singh Saini, Panel Lawyer Ms. Smita Jha, Panel Lawyer

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Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

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20/06/2025

By way of these writ petitions, the petitioners are challenging the impugned transfer orders and action of the respondents, whereby the petitioners have been declared surplus Teachers and consequently transferred under the Teacher Rationalization Instructions.

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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.

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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.

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I have heard learned counsel for the parties and perused the pleadings and documents.

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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,

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and appear before the said Committee on 26^th 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 Rationalization Instructions, so far as petitioners are concerned, be kept in abeyance.

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With the aforesaid observation and direction, the present writ petitions stand disposed of.

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Sd/(Ravindra Kumar Agrawal) Judge

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ved

Basant Kumar Kunjam v. the State of Chhattisgarh

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Basant Kumar Kunjam v. the State of Chhattisgarh

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