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2025 Supreme(Raj) 1288
IN THE HIGH COURT OF RAJASTHAN, JODHPUR BENCH
Rekha Borana, J.
Avinash Joshi S/o Subhash Chandra Joshi and ors.- Appellants
Versus
State of Rajasthan Through Principal Secretary, School Education Department and ors.- Respondents
CW / 8911 / 2025
Decided On : 01-05-2025
Advocate Appeared:
For the Petitioner: Mr. Mrinal Khatri for Mr. S. K. Verma
For the Respondent: Mr. N. K. Mehta, DyGC with Mr. Vaibhav Bang
The counseling process for teacher postings must reflect all available vacancies and accommodate preferences to ensure fairness in administrative decisions.
Headnote:
(A) Rajasthan Education Act - Promotion and Transfer Guidelines - The petitioner challenged the transfer order post-promotion, asserting that the counseling process for postings did not consider all available vacancies. The court emphasized adherence to guidelines ensuring proximity in postings and allowed the petitioner to file a representation for reconsideration. (Paras 1, 3, 4)
(B) Administrative Law - Principles of Fairness - The court reiterated that the counseling process should reflect available vacancies and accommodate preferences, ensuring fairness in administrative decisions. (Paras 3, 4)
Facts of the case:
The petitioner was promoted from Vice Principal to Principal but was transferred to a distant school despite nearby vacancies. The petitioner argued that the counseling process was not properly executed.
Findings of Court:
The court directed the respondents to consider the petitioner's representation regarding postings and stay the transfer order until a decision is made.
Issues: The main issues were whether the counseling process adequately reflected available vacancies and if the petitioner’s preferences were considered.
Ratio Decidendi: The court held that the counseling process must be implemented in good faith, reflecting all available vacancies and accommodating the petitioner's preferences.
Result: Writ petition disposed of with directions.
ORDER :
REKHA BORANA, J.
1. Learned counsel for the petitioner submits that the controversy rests covered by the judgment passed by a Co- ordinate Bench of this Court in Poonma Ram vs. The State of Rajasthan & Ors.; S.B. Civil Writ Petition No.8749/2025 (decided on 28.04.2025).
2. In Poonma Ram’s case (supra), the Co-ordinate Bench observed and directed as under:
“Heard learned counsel for the parties.
The present writ petition has been filed by the petitioner being aggrieved by the order dated 12.04.2025 (Annex.7) passed by the Director, Secondary Education, Rajasthan, Bikaner, whereby the petitioner after being promoted as Principal/Equivalent Post has been transferred from Government Senior Secondary School, Hema Guda, District Jalore to Government Senior Secondary School, Khirodi, District Jalore. Further, it has been prayed that the petitioner may not be disturbed from his present place of posting as the present place is also lying vacant.
Briefly noted facts in the present writ petition are that in pursuance of the DPC convened on 17.01.2025, the petitioner while working as Vice Principal was promoted to the post of Principal. In pursuance of the promotion order dated 24.01.2025,the petitioner joined his duties at Government Senior Secondary School, Hema Guda, District Jalore. After joining of the petitioner, the respondents have issued an order/communication dated 27.01.2025 and amended Circular dated 10.03.2025 for holding the counseling for postings after promotion on the post of Principal and other posts. In pursuance of the order/communication dated 27.01.2025 and amended Circular dated 10.03.2025, the process for counseling was initiated by reflecting the vacant positions on different posts in the State of Rajasthan and the petitioner has participated in the counseling process. After counseling, the petitioner has been given posting at Government Senior Secondary School, Khirodi, District Jalore. Hence, the present writ petition has been filed.
Learned counsel for the petitioner submits that after the promotion orders were issued, the respondents have undertaken the exercise of counseling for the purpose of posting to the persons on the promoted post. He further submits that the purpose of holding the counseling is to adjust the candidates on the nearby areas to mitigate their hardships and reduce disturbance of the family. He further submits that the counseling process undertaken was required to be undertaken on the principles enunciated by the respondents in their order/communication dated 27.01.2025 and amended Circular dated 10.03.2025. He further submits that all the vacancies available in the rural as well as urban areas were required to betaken into consideration for posting after the counseling process. Learned counsel further submits that during the counseling process, the entire vacant positions have not been taken into consideration for giving posting and the persons like petitioner have suffered on account of being given posting at far off and distant places. He further submits that the petitioner can be adjusted in the nearby area on the vacant post available as per the order/communication dated 27.01.2025 and amended Circular dated 10.03.2025. He, therefore, prays that the petitioner may be given liberty to approach the respondents by way of filing an appropriate representation and the respondents may be directed to decide the same at the earliest by keeping in mind the vacancies available on the place of posting where the petitioner is already serving or in the nearby areas where the vacancies still exist.
Per contra, learned counsel for the respondents submits that the detailed guidelines have been formulated by the State Government for giving posting to the petitioner. He further submits that the order/communication dated 27.01.2025 and amended Circular dated 10.03.2025 have been framed by keeping in mind the fact that there has to be a balance of posting of the persons on the promoted post in the rural an
