Uma Shankar Rathiya Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Uma Shankar Rathiya Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition, with liberty to repeat the same if the apprehended occasion arises (posting of teachers appointed on the basis of Maandey at nearby schools according to their choice); no substantive relief granted on the impugned orders or the surplus-declaration grievance.

Issue for consideration

Whether the impugned orders dated 30.6.2025 (Annexure P/1) and 03.06.2025 (Annexure P/2), pursuant to which the petitioner was declared a surplus teacher, should be quashed and the petitioner directed to be kept posted at his present place of posting (Middle School Kalgamar, Block Kartala, District Korba). (Raised by the petitioner's prayers; not adjudicated, as the petition was withdrawn at the threshold.)

Ratio / Principle

In view of the submission of learned counsel for the petitioner, the present writ petition stands dismissed as withdrawn, with liberty to the petitioner to repeat the same if the apprehended occasion arises (posting of teachers appointed on the basis of Maandey at nearby schools according to their choice).

Detailed headnote1 paragraphs

Uma Shankar Rathiya, a Teacher (L.B.) at Government Middle School Kalgamar, Block Kartala, District Korba, filed WPS No. 9404 of 2025 before the High Court of Chhattisgarh at Bilaspur seeking quashment of orders dated 30.6.2025 (Annexure P/1) and 03.06.2025 (Annexure P/2) and direction to keep him at his present place of posting, alleging he had been wrongly declared a surplus teacher. Before adjudication, counsel for the petitioner submitted that the petitioner apprehended teachers appointed on the basis of 'Maandey' would be posted at nearby schools according to their choice by the respondents, and sought leave to withdraw the petition with liberty to repeat it if such occasion arose; learned State counsel opposed. Hon'ble Narendra Kumar Vyas, J., dismissed the writ petition as withdrawn with the aforesaid liberty (order dated 10-09-2025). No statute or precedent was cited and no issue was adjudicated.

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2025:CGHC:46147

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 9404 of 2025

1 - Uma Shankar Rathiya S/o Jaipal Singh Rathiya Aged About 37 Years Occupation Teacher (L.B.) Govt. Middle School Kalgamar Block Kartala, District - Korba (C.G.)

versus

1 - State of Chhattisgarh Through The Secretary, School Education Department Mahanadi Bhawan, Atal Nagar, Nava Raipur District - Raipur (C.G.)

2 - Director Public Instruction Directorate Chhattisgarh First Floor, C-Block Indrawati Bhavan Naya Raipur District - Raipur (C.G.)

3 - Joint Director Education Department Bilaspur District - Bilaspur (C.G.)

4 - Collector And Chairman District Rationalization Committee Korba District - Korba (C.G.)

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

6 - Block Education Officer Kartala, District - Korba (C.G.)

... Respondents

(Cause-title taken from Case Information System)

For Petitioner : Mr. Awadh Tripathi, Advocate. For State/Respondents : Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Justice Narendra Kumar Vyas, J. Order on Board

10-09-2025

The petitioner has filed the present writ petition seeking the following

relief(s):-

“10.1 That, the Hon’ble Court may kindly be pleased to allow this

Digitally signed byMOHAMMED AADIL KHAN Date: 2025.09.12 12:09:46 +0530

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petition and kindly quash the impugned order dated 30.6.2025 (ANNEXURE P/1) and impugned order dated 03.06.2025 (ANNEXURE P/2 ) and kindly direct the respondents to kindly keep the petitioner posted at his present place of posting i.e. Middle School Kalgamar Block Kartala District Korba or any nearby school where the post if vacant, in the interest of Justice (C.G.).

10.2 That, the Hon’ble Court may kindly be pleased to direct the respondents to post the petitioner at his present place of posting and strict action may be taken against the respondent authorities for wrongly declaring the petitioner as surplus teacher.

10.3 That, any other relief which this Hon’ble Court deems fit and proper may also kindly be granted to the petitioner in the interest of justice along with cost of the petition.”

Learned counsel for the petitioner submits that the petitioner is apprehending that the teachers appointed on the basis of Maandey will be posted at nearby schools according to their choice by the respondents, therefore, he may be permitted to withdraw the present petition with liberty to repeat the same if such occasion arises.

Learned State counsel has opposed the submission made by learned counsel for the petitioner.

In view of the submission made by the learned counsel for the petitioner, the present writ petition is dismissed as withdrawn with the aforesaid liberty.

Sd/- (Narendra Kumar Vyas)

Judge

Aadil