2026:CGHC:12414 NAFR PAWAN KUMAR JHA HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by PAWAN KUMAR JHA WPS No. 2460 of 2026 Alpna Dubey W/o Vikas Dubey Aged About 45 Years Working As Supervisor, Department Of Women And Child Development, Presently Posted At Integrated Child Development Project, Seepat, District Bilaspur (C.G.)

--- Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Women And Child Development, Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar, District Raipur (C.G.)

2 - The Director Department Of Women And Child Development, Indrawati Bhawan, Mantralaya, Nava Raipur Atal Nagar, Raipur, District Raipur (C.G.)

3 - District Program Officer Department Of Women And Child Development, District Bilaspur (C.G.)

4 - District Program Officer Department Of Women And Child Development, District Janjgir Champa (C.G.)

5 - Garima Sharma Working As Supervisor, Department Of Women And Child Development, Presently Posted At Integrated Child Development Project, Baloda, District Janjgir Champa (C.G.)

--- Respondent(s)

For Petitioners : Mr. R.S. Baghel, Advocate and Mr. Aditya Sharma, Advocate For Respondents- State : Mr. Aditya Tiwari, Panel lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

16/03/2026

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

“10.1 That, this Hon’ble Court may kindly be pleased to call for records of the case from the respondent No. 1 & 2.

10.2 That, this Hon’ble Court may kindly be pleased to quash the impugned order dated 06.03.2026 (Annexure P-1) passed by respondent No. 1.

10.3 Any other relief or reliefs which this Hon’ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.”

2. Learned counsel for petitioner submits that petitioner is working as Supervisor with the respondent-Department (Woman and Child Development). Vide order Annexure P-1 dated 06.03.2026, petitioner is transferred from Integrated Child Development Project, Seepat, District Bilaspur to Integrated Child Development Project, Balauda, District Janjgir-Champa. He contended that no reason has been assigned in the order of transfer for her transfer and further submitted that the child of petitioner is a student of Class-10th and the exams are still going on. According to the policy formulated by the Central Board of Secondary Education (CBSE), student of Class 10^th can appear in the second phase of examination for improvement of his result, if student so desires and the second examination will be held in the month of May 2026. If petitioner has to join the transferred place then the child of petitioner may face difficulty in appearing in second exam going to be held in the month of May 2026 which may adversely affect his career and therefore, the order of transfer of petitioner be interdicted. Petitioner submitted representation before the committee constituted under the transfer policy, which is pending consideration and therefore till decision on the representation is taken, some interim protection be granted.

3. On the other hand, learned State counsel would oppose the submission of learned counsel for petitioner and would submit that from the order it is reflecting that though the order is passed during ban period, however, approval has been taken. However, he does not dispute with the documents enclosed along with writ petition of the policy of the CBSE permitting the students of Class-10th to appear in the examination twice, one is to be held from the month of February 2026 to March 2026 and second examination tentatively to be held in the month of May 2026.

4. At this stage, learned counsel for petitioner submits that petitioner till date has not been relieved from her earlier place of posting.

5. I have heard learned counsel for the parties.

6. Having considered the submission of learned counsel for the respective parties, in particular, considering the fact that child of petitioner is a student of Class 10^th in St. X