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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN, J.
Hargovind Meena, S/o Shri Balmukund Meena - Petitioner
Versus
Secretary, School Education Department, Rajasthan, Bikaner - Respondent
S.B. Civil Writ Petition No. 17757 OF 2025
Decided On : 24-11-2025
| 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. Senior Secondary School Garboliya Jhalawar.
2. Learned AAG submits that the petitioner has filed the present writ petition challenging the transfer order, which can be challenged before the Rajasthan State Civil Services Appellate Tribunal, Jaipur, by filing an appeal. He further submits that the petitioner has already filed an appeal before the Tribunal and the same is still pending consideration. Therefore, this writ petition deserves to be disposed of at this stage only.
3. Learned Counsel for the petitioner has no objection if this writ petition is heard finally at this stage. Therefore, this Court is considering the writ petition for final disposal.
4. The present petitioner, who was posted as Principal in Government Senior Secondary School, Garboliya, Jhalawar, has been transferred vide order dated 22.09.2025 to the post of Principal and equivalent in Government Senior Secondary School, Virampura, Bharatpur. The petitioner has challenged the said transfer order by filing Appeal No. 4387/2025 before the Rajasthan Civil Services Appellate Tribunal, Jaipur (hereinafter referred to as “the Tribunal”). However, the Tribunal dismissed the stay application on 04.11.2025 in light of the judgment in Shilpi Bose v. State of Bihar , AIR 1991 SC 532 , on the ground that a government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another.
5. Learned Counsel for the petitioner has referred to the order dated 18.11.2025 passed in Appeal No. 4519/2025 ( Rajesh Kumar v. State of Rajasthan ); order dated 21.08.2025 in Appeal No. 3793/2025 ( Mohar Singh v. State of Rajasthan ); order dated 14.11.2025 in Appeal No. 4507/2025 ( Rajendra Prasad Bhairava v. State of Rajasthan ); order dated 14.11.2025 in Appeal No. 4499/2025 ( Mahendra Kumar Chaudhary v. Secretary , School Education); order dated 18.11.2025 in Appeal No. 4615/2025 (Deepika Sagar v. State of Rajasthan & Ors.); order dated 15.10.2025 in Appeal No. 815/2025 ( Padma Kanwar v. State of Rajasthan ); order dated 14.11.2025 in Appeal No. 4363/2025 ( Neelam Mahavar v. State of Rajasthan ); order dated 14.10.2025 in Appeal No. 4362/2025 ( Archana v. State of Rajasthan ) and order dated 18.11.2025 in appeal No.4519/2025 (Rajesh Kumar Vs. State of Rajasthan) , and submitted that in identical matters the Tribunal has passed stay orders and intervened in transfer matters, but in the present case the Tribunal has ruled otherwise while dismissing the stay application.
6. He has further referred to the order dated 23.02.2024 in Appeal No. 385/2024 ( Hariram v. Principal Secretary, Forest Department ); order dated 24.02.2025 in Appeal No. 1382/2025 ( Shish Mohammad v. Principal Secretary, Agriculture ); order dated 04.11.2025 in Ap
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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