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[2026:RJ-JD:15194]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 2819/2026

Narendra Phulwari S/o Shri Ramniwas, Aged About 36 Years, R/o Iai Mata Complex, Desuri, District Pali (Raj).

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, School Education, Government Of Rajasthan, Secretariat, Jaipur.

2. The Director, Secondary Education Rajasthan, Bikaner.

3. The District Education Officer (Headquarter), Secondary Education, Pali.

----Respondents

For Petitioner(s) : Mr. Nikhil Bishnoi Mr. Anshuman Singh

For Respondent(s) : Mr. Rajendra Singh Bhati for Mr. SS Rathore, AAG

HON'BLE DR. JUSTICE NUPUR BHATI

Order

02/04/2026

1. The instant writ petition has been filed with the following

prayers:

“It is, therefore, most humbly prayed that this writ petition may kindly be allowed with cost and by and appropriate writ, order or direction; the impugned order dated 09.01.2026 (Annex.3) transferring the petitioner from Government Senior Secondary School, Kesuli, Pali to Government Senior Secondary School, Bali, District Pali and any subsequent order passed by the respondents may kindly be quashed and set aside and respondents may kindly be directed to continue the petitioner on the post of Lecturer (School Education) in subject of History at

Government Senior Secondary School, Kesuli, Pali.

Any other appropriate writ, order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favor of

the petitioner.

Costs of the writ petition may kindly be awarded to the petitioner.”

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[2026:RJ-JD:15194] (2 of 3) [CW-2819/2026] 2. Brief facts of the case, in nutshell, are that the petitioner was appointed as Lecturer (School Education) in the subject of History on 25.06.2017 and joined his duties on 29.06.2017 at Government Senior Secondary School, Kesuli, District Pali, where he has been serving since then. The Election Commission of India, vide guideline dated 27.10.2025, directed that no official engaged in the Special Intensive Revision (SIR) of electoral rolls shall be transferred without prior approval of the Commission. The petitioner is presently discharging duties as a Supervisor in the said SIR process. However, by order dated 09.01.2026, the petitioner has been transferred from Government Senior Secondary School, Kesuli, District Pali to Government Senior Secondary School, Bali, District Pali. The impugned transfer has been effected in the midst of the academic session, without any administrative exigency, and in violation of the aforesaid

guidelines issued by the Election Commission of India.

3. Counsel for the petitioner submits that respondents, while the ban in operation, had transferred the petitioner from Kesuli (Pali) to Bali (Pali). He submits that the period of ban came into effect up-till 07.02.2026; wherein, petitioner has been transferred. He also submits that respondents realized their mistake and withdrew the aforesaid transfer order. Thereafter, the respondents, vide order dated 09.01.2026 6 (Annex.P/3), withdrawn the order dated 13.01.2026; meaning thereby, the said transfer order was given effect. He further submits that once the transfer order has been withdrawn by the respondents, the same cannot be given

effect later on by withdrawing the order.

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[2026:RJ-JD:15194] (3 of 3) [CW-2819/2026] 4. Counsel for the petitioner, thus, makes a limited prayer that petitioner may be permitted to file a representation before the respondents, indicating in it that, in case, posts in Kesuli (Pali) or in any other districts near Kesuli (Pali), are lying vacant, the respondents may be directed to post the petitioner at the said

place.

5. Counsel Mr. Rajendra Singh Bhati, associate to Mr. Sajjan Singh Rathore, learned AAG, does not object to the limited prayer

made