Facts
The petitioner, a Supervisor in the Department of Women and Child Development, challenged a transfer order dated 06.03.2026, which moved her from Seepat, District Bilaspur, to Baloda, District Janjgir-Champa
Source reference: para. 2The petitioner contended that her child is a Class 10 student whose exams were ongoing, with a second phase of improvement exams scheduled for May 2026 under the CBSE policy
Source reference: para. 2, 6Though the transfer order was passed with approval during a ban period, the petitioner argued that relocation would adversely affect her child’s academic career
Source reference: para. 2, 3A representation filed by the petitioner before the departmental transfer committee was pending at the time of the writ
Source reference: para. 2The petitioner had not yet been relieved from her current posting
Source reference: para. 4Issues
1. Whether the transfer order should be interdicted or stayed in view of the educational interests of the petitioner’s child during the Class 10 board examination period
Source reference: para. 2, 62. Whether the respondent-authorities are required to decide on the petitioner's pending representation before the transfer is implemented
Source reference: para. 6Law Applied
The court applied the provisions of the State’s Transfer Policy, which mandates the constitution of a committee to consider grievances and representations against transfer orders
Source reference: para. 2, 6It further relied on the Central Board of Secondary Education (CBSE) policy notification dated 25.06.2025, which allows Class 10 students a second opportunity to appear for examinations to improve results
Source reference: para. 2, 3, 6Reasoning
The court noted the validity of the petitioner’s concern that moving during the Class 10 exam cycle—specifically the improvement exams scheduled for May 2026—could prejudice the student's career
Source reference: para. 6The court observed that the State did not dispute the CBSE’s two-phase examination policy
Source reference: para. 3Reasoning that the petitioner’s representation was already pending before the competent committee, the court determined that judicial intervention was necessary to preserve the status quo until an administrative decision was reached
Source reference: para. 6, 7The court linked the necessity of interim protection to the fact that the petitioner had not yet been relieved from her duties
Source reference: para. 4, 7Holding
The High Court disposed of the writ petition by directing the concerned committee under the transfer policy to decide on the petitioner's representation dated 11.03.2026 within eight weeks of receipt of the court order
Crucially, the court directed the parties to maintain status quo regarding the petitioner’s posting until the representation is decided
Source reference: para. 7The final holding ensures that the petitioner remains at her current post in Seepat, Bilaspur, until the conclusion of her child's examination process or the committee's decision
Source reference: para. 7, 8Original Court PDF
ALPNA DUBEYvsSTATE OF CHHATTISGARH
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