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2026 Supreme(Online)(Raj) 9882

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
NUPUR BHATI
SATYA PAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 7037 / 2026



[2026:RJ-JD:15205]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7037/2026 Satya Pal S/o Shri Ramchandra, Aged About 41 Years, R/o Village And Post Kaswali 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, Govt. Senior Secondary School, Bidasar District Sikar.

4. Dungar Ram, Lecturer (Geography) At Govt. Senior Secondary School, Bidasar, 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 13.3.2026 & 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 Govt. Senior Secondary School, Bidasar 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, initially appointed as a School Lecturer in the year 2017, is presently posted at Government Senior Secondary School, Bidasar, District Sikar since 03.10.2019 and has been discharging duties satisfactorily. By way of the present writ petition, the petitioner has challenged the impugned transfer order dated 10.01.2026, whereby she has been transferred to Government Senior Secondary School, Sadhasar, Bikaner, allegedly without any administrative exigency and only to accommodate respondent No. 4. It is further averred that the petitioner’s spouse is posted as Teacher Grade-III at Government Upper Primary School, Sundarli, Block Piprali, District Sikar, and as per the State policy, spouses are to be posted at the same station. The petitioner was also engaged in Special Intensive Revision (SIR) duty in connection with election work, and as per the Election Commission’s guidelines dated 27.10.2025, no transfer could be effected without prior permission. Despite this, the transfer order dated 10.01.2026 was issued without such approval. Subsequently, the said transfer order was withdrawn vide order dated 13.01.2026 in respect of employees engaged in SIR work. However, in an arbitrary manner, the said withdrawal order was itself withdrawn vide order dated 12.03.2026, thereby reviving the original transfer order, pursuant to which the petitioner was relieved on 13.03.2026. It is contended that once the original transfer order had been withdrawn, the same could not have been revived without issuing a fresh order in accordance with law, and the impugned action is thus illegal, arbitrary, and vitiated by malafides.

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). He also submits that respondents realized their mistake and vide order dated 13.01.2026 (Annex.P/ 9), withdrew the aforesaid transfer order. Thereafter, the respondents, vide order dated 12.03.2026 (Annex.P/10), 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, i

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