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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Hargovind Meena, S/o Shri Balmukund Meena – Appellant
Versus
Secretary, School Education Department, Rajasthan, Bikaner – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash transfer orders. (Para 1) |
| 2. details of petitioner's transfer history. (Para 4 , 12 , 18 , 24) |
| 3. petitioner argues tribunal's inconsistency. (Para 5 , 6 , 7 , 8) |
| 4. respondent's argument on petitioner's grievance. (Para 9 , 10) |
| 5. court criticizes mass transfers during academic terms. (Para 20 , 26 , 28 , 30) |
| 6. discussion on nep 2020 implementation challenges. (Para 21 , 22 , 23) |
| 7. court concerns on tribunal's application of law. (Para 29) |
| 8. writ petition allowed; orders set aside. (Para 33 , 34 , 38) |
ORDER :
ASHOK KUMAR JAIN, J.
1. Instant writ petition is filed by the petitioner with the following prayer:
It is, therefore, humbly prayed that Your Lordships may be pleased to accept and allow this writ petition and further by issuing writ, order, or direction in the nature thereof, quash and set-aside the impugned order dated 4/11/2025 (Anx-3) and further tribunal be directed tag with the appeal of petitioner with other similar appeals and decide together and further if this Hon'ble Court Found Just and proper then impugned order of transfer dated 22/9/2025 (Anx-1) may also be quashed and set aside and petitioner be allowed to continue at Govt.
Transfer orders affecting educators mid-academic year violate principles of good governance and arbitrariness, warranting judicial intervention.
Transfer policy guidelines do not confer legally enforceable rights unless there is a violation of statutory rules or mala fide.
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
The transfer orders for teachers issued by the Director of General Education were declared unsustainable due to violation of established norms, emphasizing the necessity for adherence to procedural f....
Transfer orders in public service must be made based on administrative necessity and public interest, and cannot be influenced by political pressure or arbitrary decisions.
Point of law: As a disciplined employee, the petitioner has obeyed the said orders under protest and he has joined duties at the place of transfer though he is BLIND and though the impugned order is ....
Transfer orders must comply with established policies, especially regarding employees nearing retirement, and cannot be influenced by political interference.
The court upheld the principle that mid-session teacher transfers adversely affect students' education, emphasizing the need for stability in educational settings.
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