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2026 Supreme(Online)(Raj) 9880

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
NUPUR BHATI
CHANDRA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 6897 / 2026



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[2026:RJ-JD:15204]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 6897/2026

Chandra Ram S/o Shri Kishan Ram, Aged About 52 Years, R/o Village And Post Phirwasi Tehsil Ladnun District Didwana

Kuchaman, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, School Education Department, Government Secretariat ,

Jaipur

2. The Principal, Govt. Senior Secondary School, Meethri District Didwana Kuchaman.

3. Rajendra Kumar, Lecturer At Govt. Senior Secondary School Meethri, District Didwana Kuchaman.

----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 order dated 12.3.2026 (Annex. 1 & 6) 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 Govt. Senior Secondary School,

Meethri District Didwana Kuchaman.

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 initially appointed as Teacher Grade-III in the year 1996,

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[2026:RJ-JD:15204] (2 of 4) [CW-6897/2026] thereafter promoted to the post of Lecturer, and is presently posted at Government Senior Secondary School, Meethri, District Didwana Kuchaman since 02.09.2016, having served satisfactorily throughout. The petitioner has challenged the impugned transfer order dated 10.01.2026, whereby she was transferred to Government Senior Secondary School, Mahadi Kotda, District Udaipur, allegedly without any administrative exigency and merely to accommodate respondent No. 4. At the relevant time, the petitioner was assigned Special Intensive Revision (SIR) duty vide order dated 15.12.2025 issued by the SDM, Ladnun. As per the Election Commission’s guidelines dated 27.10.2025, no अधि(cid:3)कारी engaged in SIR work can be transferred without prior approval of the Commission. Despite this, the respondent-authorities issued the transfer order dated 10.01.2026 without obtaining such approval. Subsequently, realizing the illegality, the said transfer order was withdrawn vide order dated 13.01.2026. However, in an arbitrary manner, the respondents later issued another order dated 12.03.2026 withdrawing the earlier withdrawal order, thereby reviving the original transfer order dated 10.01.2026. In pursuance thereof, the petitioner was relieved on 14.03.2026. The grievance of the petitioner is that once the transfer order had already been withdrawn, the same could not have been revived by merely withdrawing the withdrawal order, and such action of the respondents is arbitrary, illegal, and contrary to the directions of

the Election Commission as well as settled principles of law.

3. Counsel for the petitioner submits that respondents, while the ban in operation, had transferred the petitioner from Didwana, Kuchaman to Udaipur. He submits that the period of ban came into

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[2026:RJ-JD:15204] (3 of 4) [CW-6897/2026] effect up-till 07.02.2026; wherein, petitioner has been transferred vide order dated 10.01.2026 (Annex.P/1). He also submits that respondents realized their mistake and vide order dated 13.01.2026 (Annex.P/5), withdrew the aforesaid transfer order. Thereafter, the respondents, vide order dated 12.03.2026 (Annex.P/6), 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 withdraw

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