[2026:RJ-JD:7288]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2857/2026 Noor Mohammad Khan S/o Shri Bhanwroo Khan, Aged About 35 Years, R/o Ramjan Ji Ka Hatha, Jodhpur (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of School Education, Secretariat, Jaipur (Rajasthan)

2. Director, Secondary Education, Bikaner (Raj.)

3. District Education Officer, Secondary Education, Jodhpur (Rajasthan)

4. Principal, Government Senior Secondary School, Devatada, District Jodhpur (Rajasthan)

----Respondents For Petitioner(s) : Mr. Binja Ram For Respondent(s) : Mr. Rajendra Singh Bhati for Mr.

Sajjan Singh Rathore, AAG HON'BLE DR. JUSTICE NUPUR BHATI

Order

10/02/2026

1. This writ petition has been filed by the petitioner with the following reliefs:-

“[A] That the impugned order dated 10.01.2026 (Annex. 1) qua the petitioner may kindly be quashed and set aside, and the respondents may kindly be directed to allow the petitioner to work on his post and place i.e. Government Senior Secondary School, Devatada District Jodhpur; and [B] Any other further and consequential relief(s) which this Hon'ble Court deems fit in favour of the petitioner may also kindly be granted.”

2. Brief facts of the case are that the petitioner was initially appointed as Senior Teacher in the respondent department and was posted at Government Senior Secondary School, Pratap Nagar, Jodhpur. On 12.04.2025, the petitioner was promoted to the post of School Lecturer Grade-I (Chemistry) and posted at Government Senior Secondary School, Devatada, District Jodhpur. On 10.01.2026, the respondents without assigning any administrative exigency and without posting any other person in place of the petitioner, transferred the petitioner from Government Senior Secondary School, Devatada, District Jodhpur to Government Senior Secondary School, Marholi, District Dhaulpur, which is situated at a distance of about 600 kilometers. On 20.01.2026, the petitioner preferred an appeal before the Tribunal, however, the Tribunal, without adjudicating the matter on merits, merely directed the respondents to consider the petitioner’s case. Hence, in these circumstances, the present writ petition is being filed for quashing and setting aside the transfer order dated 10.01.2026 (Annexure-1), whereby the petitioner has been transferred.

3. Learned counsel for the petitioner submits that the petitioner has been subjected to two transfers within a short period as the first transfer was made by the order dated 12.04.2025 (Annex-2) and now again the petitioner has been transferred vide office order dated 10.01.2026 (Annex-1). He also contents that the impugned transfer order dated 10.01.2026 (Annex-1) has been passed in the midst of academic session. He submits that the petitioner has been transferred from Government Senior Secondary School, Devatada, District Jodhpur to Government Senior Secondary School, Marholi, District Dhaulpur i.e. at a distance of about 600 kms from the present posting. Learned counsel for the petitioner also places reliance upon the order dated 24.11.2025 passed by the Co-ordinate Bench of this Court at Jaipur Bench in SBCWP No.17757/2025 titled as (Hargovind Meena Vs. Secretary, School Education Department, Rajasthan Bikaner & Ors), while submitting that the transfer orders were quashed by the Co-ordinate Bench taking into consideration that the transfer orders were made during the midst of the academic session.

2. Learned caveator for the respondent–State submits that the office order dated 10.01.2026 (Annexure-1) cannot be termed as a transfer, as the petitioner, upon being promoted from the post of Senior Teacher to School Lecturer Grade-I (Chemistry), was given posting at Government Senior Secondary School, Devatada, Jodhpur. He further submits that the present order dated 10.01.2026 has been passed on account of administrative exigency. He submits that the Co-ordinate Bench of this Court, vide order dated 05