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2026 Supreme(Online)(Raj) 34208
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
[2026:RJ-JP:42388]
S.B. Civil Writ Petition No.20681/2026 CNR: RJHC020991912026 | URN: CW / 43268U / 2026
connected with S.B. Civil Writ Petition No.20747/2026 CNR: RJHC020991892026 | URN: CW / 43411U / 2026
S.B. Civil Writ Petition No.20748/2026 CNR: RJHC020990552026 | URN: CW / 43412U / 2026
S.B. Civil Writ Petition No.20995/2026 CNR: RJHC021003792026 | URN: CW / 43926U / 2026
S.B. Civil Writ Petition No.21005/2026 CNR: RJHC021005152026 | URN: CW / 43948U / 2026
S.B. Civil Writ Petition No.16242/2026 CNR: RJHC020788292026 | URN: CW / 34328U / 2026
S.B. Civil Writ Petition No.19493/2026 CNR: RJHC020928742026 | URN: CW / 40691U / 2026
S.B. Civil Writ Petition No.19495/2026 CNR: RJHC020931472026 | URN: CW / 40696U / 2026
S.B. Civil Writ Petition No.19776/2026 CNR: RJHC020941702026 | URN: CW / 41283U / 2026
S.B. Civil Writ Petition No.20423/2026 CNR: RJHC020978682026 | URN: CW / 42665U / 2026
S.B. Civil Writ Petition No.20537/2026 CNR: RJHC020982512026 | URN: CW / 42942U / 2026
S.B. Civil Writ Petition No.20795/2026 CNR: RJHC020992742026 | URN: CW / 43488U / 2026
S.B. Civil Writ Petition No.19664/2026 CNR: RJHC020941742026 | URN: CW / 41085U / 2026
Vinod Agarwal S/o Shri Satyanarayan Garg, Aged About 58 Years, R/o Sp-14, Tps Gali, D.p. Colony, Peetal Factory, Shastri Nagar, Jaipur (Raj.)----Petitioner Versus
1. The State Of Rajasthan, Through The Secretary, Secondary Education, Secretariat, Jaipur. (Rajasthan)
2. Chief Block Education Officer, Samagra Shiksha, Block Amber, Jaipur, Rajasthan.
3. Director, Secondary Education Rajasthan, Bikaner And Ex-Officio Additional State Project Director, Samagra Shiksha Abhiyan (Smsa)
4. Chief District Education Officer, And Ex Officio District Project Coordinator, Smsa, Jaipur (Raj.)
5. Rajendra Singh, Presently Posted At Office Of Chief Block Education Officer, Block- Amber, Jaipur (Raj.)----Respondents
Rashim Kapoor W/o Shri Sanjay Kapoor, Aged About 56 Years, R/o Plot No. 18 Ground Floor, Indraprastha Colony, Near Laxmi Narayana Temple, Vaishali Nagar, Jaipur (Raj.).----Petitioner Versus
1. The State Of Rajasthan, Through The Secretary, Secondary Education, Secretariat, Jaipur. (Rajasthan).
2. Director, Secondary Education Rajasthan, Bikaner, Rajasthan.
3. Principal, Govt. Girls Senior Secondary School, Jhotwara Puliya K Niche, Jhotwara, Jaipur (Raj.).
4. Sarjeeta Yadav, Presently Posted At Govt. Girls Senior Secondary School Jhotwara Puliya K Niche, Jhotwara, Jaipur (Raj.).----Respondents
Akhil Bhardwaj S/o Shri Mahesh Chand Sharma, Aged About 25 Years, R/o Balawala, Jaipur, Rajasthan 302029.----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, School Education Department (Group-2), Government Secretariat, Jaipur, Rajasthan.
2. Director, Secondary Education, Bikaner.
3. Joint Director, School Education, Jaipur.
4. District Education Officer, Secondary Education, Kota.
5. Menakshi Bairwa, Junior Assistant, Government Higher Secondary School, Dadiya, Tehsil Sanganer, Jaipur, Rajasthan.----Respondents
Sharif Khan S/o Shri Ali Hussain, Aged About 38 Years, R/o A- 31, Gandhi Vihar, Kho Nagoriyan, Jagatpura Road, Jaipur, Rajasthan.----Petitioner Versus
1. State Of Rajasthan, Through The Additional Chief Secretary, School Education Department, Government Secretariat, Jaipur.
2. Director, Secondary Education, Rajasthan, Bikaner.
3. Joint Director, School Education Department, Jaipur Division, Jaipur.
4. Principal, Shahid Amit Bhardwaj Government Senior Secondary School, Manak Chowk, Jaipur East, Jaipur.
5. Meena Kumari Meena, Senior Teacher, Shahid Amit Bhardwaj Government Senior Secondary School, Manak Chowk, Jaipur East, Jaipur.----Respondents
Prabhu Dayal Boyal S/o Shri Girdhari Lal, Aged About 35 Years, R/o Village And Post Kaswali Tehsil Laxmangarh District Sikar, Rajasthan ----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Animal Husbandry Department, Government Secretariat, Jaipur.
2. Director, Animal Husbandry Department, Rajasthan, Jaipur.
3. Joint Director, Animal Husbandry, Sikar.
4. Sunita Kumar Saran, Livestock Inspector Sub Center, Gopinath Goshala, Sikar.----Respondents
Anil Meena S/o Shri Kalu Lal Meena, Aged About 46 Years, R/o B 278 R.k. Puram, Engineering College, Kota (Raj.)----Petitioner Versus
1. The State Of Rajasthan, Through Principal Secretary, Department Of Animal Husbandry, Secretariat, Jaipur, (Rajasthan)
2. Joint Secretary, Department Of Animal Husbandry, Rajasthan Jaipur (Raj.)
3. Office-In-Charge, Multi-Purpose Veterinary Hospital Kota, (Raj.)
4. Dr. Vasundhara Dawada, Senior Medical Officer, Multi-Purpose Veterinary Hospital Kota ----Respondents
Om Prakash Sharma S/o Shri Mali Ram, Aged About 54 Years, R/o Kua Antawala, Udaipurwati, District Jhunjhunu.----Petitioner Versus
1. State Of Rajasthan, Through Additional Chief Secretary, Sanskrit Education Department, Government Of Rajasthan, Govt. Secretariat, Jaipur.
2. Commissioner, Sanskrit Education, Shiksha Sankul, J.l.n.Marg, Jaipur.
3. Bhawani Singh, Senior Teacher Grade-Ii, Govt. Girls Upper Primary Sanskrit School, Dukia (226037).----Respondents
Shiv Kumar Meena S/o Sh. Brijbihari Meena, Aged About 38 Years, R/o Bahadurpur, Post Bhopur, Tehsil Todabhim Distric Karauli, At Present Posted As A Assistant Accounts Officer-I, Office Of Deputy Conservator Of Forest, Karauli (Rjj0201224002562)----Petitioner Versus
1. The Principal Secretary, Finance (Revenue), Govt.Secretariat, Govt. Of Rajasthan, Jaipur.
2. The Joint Secretary, Finance (Revenue) Department, Govt. Of Rajasthan, Jaipur.
3. The Director And Ex-Officio Joint Secretary To Government, Directorate Of Treasury And Accounts, Rajasthan, Jaipur.
4. The Deputy Conservator Of Forest, Karauli.----Respondents
Dinesh Singh S/o Shri Goverdhan Ram, Aged About 59 Years, R/o Ward No. 33, Rajpura, Pilani, District Jhunjhunu (Raj.), ----Petitioner Versus
1. The State Of Rajasthan, Through The Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur (Raj.).
2. The District Collector (Land Records), Jhunjhunu, District Jhunjhunu (Raj.).
3. The Tehsildar (Land Records), Pilani, District Jhunjhunu (Raj.).
4. Shri Rajesh Kumar, Land Records Inspector, Presently Posted At Circle Khudaniya, Tehsil Pilani, District Jhunjhunu (Raj.).----Respondents
Om Prakash Kudi S/o Shri Heera Lal, Aged About 42 Years, R/o P-107, Shriram Nagar A, Jhotwara, District Jaipur, Rajasthan.----Petitioner Versus
1. State Of Rajasthan, Through The Additional Chief Secretary, School Education Department, Government Secretariat, Jaipur.
2. Director, Secondary Education, Rajasthan, Bikanr.
3. Principal, Mahatma Gandhi Govrnment School, Gudha Kumawatan, Jobner, District Jaipur.
4. Suman, Principal, Mahatma Gandhi Government School, Gudha Kumawatan, Jobnr, District Jaipur.----Respondents
Manoj Kumar Meena S/o Late Shri Ramawatar Meena, Resident Of Village Post. Nayawas, Tehsil Neem Ka Thana, Distt. Sikar (Rajasthan). Employee I.d. Rjjp200718011999 ----Petitioner Versus
1. Additional Chief Secretary, Department Of Forest, Government Secretariat, Jaipur.
2. The Principal Chief Conservator Of Forest (Admn.), Rajasthan, Jaipur.
3. Dy. Conservator Of Forest, Nagaur.
4. Bhanwar Lal, Range Forest Officer -Ii, Range Zayal, Dy.Conservatory Of Forest, Nagaur.----Respondents
Vikas Kumar Sharma S/o Syam Sundar Sharma, Aged About 39 Years, R/o Village And Post Singhasan District Sikar, Rajasthan.----Petitioner Versus
1. Ajmer Vidyut Vitran Nigam Limited, Through Its Secretary (Admn.), Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer.
2. The Chief Accounts Officer (Ia-Ecr), Ajmer Vidyut Vitran Nigam Limited Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer.
3. Accounts Officer (Ia), Ajmer Vidyut Vitran Nigam Limited, Jhunjhunu.----Respondents
Raj Kumar S/o Shri Mohan Lal, Aged About 50 Years, R/o C-5, Sainik Nagar, Churu Bypass Road, Near Shriram Dharmkanta, Jhunjhunu, District Jhunjhunu (Rajasthan) - 333001.----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Department Of Forest, Rajasthan, Jaipur.
2. The Principal Chief Conservator Of Forest (Hoff), Rajasthan, Jaipur.
3. The Principal Chief Conservator Of Forest (Administration), Rajasthan, Jaipur.
4. The Deputy Conservator Of Forest, Jhunjhunu, District Jhunjhunu (Rajasthan).----Respondents
For Petitioner(s) : Mr. Kuldeep Singh Mr. Raghav Mishra Ms. Neelam Mishra Mr. Sorabh Purohit Mr. Asgar Khan Mr. Sandeep Kalwaniya Mr. Daya Ram Bhaskar Mr. Pulkit Arora Mr. Sunil Kumar Singodiya Ms. Palak Rohilla Mr. H.V. Nandwana
For Respondent(s) : Ms. Manju Joshi, Addl. GC with Mr. Yash Soni Ms. Chelsi Agarwal for Mr. Mahi Yadav, AAG Mr. Aditya Singh, Dy. GC Mr. Abhishek Sharma Mr. Rohit Thakkar Ms. Minakshi Jain, GC Mr. Rajesh Gadwal Mr. Waseem Akram
JUSTICE ANOOP KUMAR DHAND
14/10/2026
(ANOOP KUMAR DHAND)
J Karan
Order
1. Since common questions of law and facts are involved in this batch of writ petitions assailing transfer orders, hence, with the consent of counsel for the parties, all these writ petitions are being decided together by this common order.
2. The petitioners have challenged their transfer orders on various grounds.
3. This Court has heard learned counsel for the parties and perused the material available on record.
4. It is settled proposition of law that transfer is an incidence of service. No employee has a vested right to remain posted at a particular place of his choice. It is for the employer or the competent authority to decide as to where and how its employees are to be posted, considering the administrative exigencies, public interest and smooth functioning of the administration.
5. The Government or the competent authority can transfer its employees anywhere on account of administrative exigencies. No one can claim immunity from transfer and no one can claim that he should not be transferred or should be kept at a particular place of posting till eternity. Long stay at a particular place cannot be claimed as a matter of right.
6. The Hon'ble Apex Court in the case of Shilpi Bose & Ors. Vs. State of Bihar reported in AIR 1991 SC 532 has held that transfer orders should not be interfered with normally by Courts and Tribunals.
7. This Court is constrained to observe that there is a flood of writ petitions assailing the transfer orders. Government functioning is paralysed because each and every employee is not willing to join the transferred place of posting. Maximum number of employees are approaching this Court and the Rajasthan Civil Services Appellate Tribunal (for short, 'the Tribunal') for getting their transfer orders stayed and cancelled on one pretext or the other, thereby bringing the administrative machinery to a standstill.
8. It is to be noted that the transfer orders of government employees are ordinarily challenged before the Tribunal and thereafter before this Court, in case, the appeal submitted by the employees before the Tribunal are rejected.
9. The jurisdiction of this Court under Article 226 of the Constitution of India is not to act as a second appellate authority over the transfer orders passed by the competent authority or by the Appellate Tribunal.
10. The writ jurisdiction under Article 226 of the Constitution of India is extraordinary and discretionary. This Court cannot sit as a court of appeal over the transfer orders to examine whether the transfer is convenient or not.
11. The scope of judicial review in transfer matters is very limited. A transfer order can be assailed in the rarest of rare cases only on the following grounds:-
(i) If the transfer order has been passed due to malafide/malice or bias, which is required to be specifically pleaded and proved with cogent material;
(ii) If there is violation of any statutory provisions/Rule having statutory force;
(iii) If the transfer order has been passed by an authority which is not competent to pass such order;
and (iv) If the extreme case of hardship to life threatening disease effecting the service conditions, in rarest of the rare cases.
12. No other ground can be a valid ground for interference. Personal inconvenience, hardship, long stay, etc. are for the authorities to consider and not for the Courts.
13. In the present batch of writ petitions, none of the aforesaid grounds for judicial review are made out.
14. However, to balance the equity and to ensure that genuine grievances, if any, are not left unaddressed, this Court in the interest of justice, deems it just and appropriate to grant liberty to the petitioners to approach the competent authority by way of filing appropriate representation.
15. Accordingly, all these writ petitions stand disposed of with the following directions:-
(a) The petitioners a
