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2026 Supreme(Online)(Raj) 9876

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
NUPUR BHATI
MANJU JAKHAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 6632 / 2026



[2026:RJ-JD:15196]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6632/2026 Manju Jakhar W/o Shri Kailash Chandra Dhaka, Aged About 33 Years, R/o Village Hapas Post Patoda Tehsil Laxmangarh District Sikar, Rajasthan.

----Petitioner Versus

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

2. The Director, Secondary Education, Rajasthan, Bikaner.

3. The Principal, Shaheed Rajendra Singh And Shaheed Dol Singh Govt. Senior Secondary School, Hamirpura District Sikar.

4. Mangi Lal Meena, Lecturer At Shaheed Rajendra Singh And Shaheed Dol Singh Govt. Senior Secondary School, Hamirpura District Sikar.

----Respondents For Petitioner(s) : Mr. V.S. Bhawla 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:

“i) By an appropriate writ, order and direction, the Impugned order dated 10.1.2026 and relieving order dated 14.3.2026 & 12.3.2026 are passed by the respondents may kindly be quashed and set aside ii) By an appropriate writ, order and direction, the respondents be directed to continue the petitioner on the post of lecturer in Shaheed Rajendra Singh and Shaheed Dol Singh Govt. Senior Secondary School, Hamirpura District Sikar.

iii) Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner.”

2. Brief facts of the case, in nutshell, are that the petitioner was appointed as School Lecturer in the year 2017 and is presently posted at Shaheed Rajendra Singh and Dol Singh Government Senior Secondary School, Hamirpura, District Sikar since 10.08.2020, where she has been discharging her duties satisfactorily. That the petitioner has challenged the impugned transfer order dated 10.01.2026, whereby she has been transferred to Government Senior Secondary School, Bhane Ka Gaon, Bikaner, without any administrative exigency and only to accommodate Respondent No. 4. In pursuance thereof, the petitioner has been relieved on 14.03.2026. That the petitioner was assigned election duty under the Special Intensive Revision (SIR) process vide order dated 02.12.2025, and as per Election Commission guidelines dated 27.10.2025, no transfer of employees engaged in such duties can be made without prior approval. That despite this, Respondent No. 2 issued the transfer order dated 10.01.2026 without obtaining such approval. Subsequently, the said transfer order was withdrawn vide order dated 13.01.2026. That however, by order dated 12.03.2026, the respondents arbitrarily withdrew the withdrawal order and purported to revive the original transfer order, which had already ceased to exist in the eyes of law. That the petitioner has been relieved in furtherance of such illegal action, which is arbitrary, malafide, and liable to be quashed.

3. Counsel for the petitioner submits that respondents, while the ban in operation, had transferred the petitioner from Sikar to Bikaner. He submits that the period of ban came into effect up-till 07.02.2026; wherein, petitioner has been transferred vide order dated 10.01.2026 (Annex.P/1). She also submits that respondents realized their mistake and vide order dated 13.01.2026 (Annex.P/ 6), withdrew the aforesaid transfer order. Thereafter, the respondents, vide order dated 12.03.2026 (Annex.7), 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 dated

13.01.2026.

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 Sikar or in any other districts near Sikar, are lying vacant, the respondents may be dir

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