Disposed

Narayan Koli andANR v. State Education Departmentors

Rajasthan HC6 Oct 2016CW/13927/2016

Case brief

AI extract

What is this about?

The High Court disposed of several writ petitions seeking liberty to make representations for teacher transfers. Petitioners demanded flexibility in transfer rules, including mutual transfers, transfers due to illness, and posting to vacant places.

What did the court decide?

Liberty to submit representations for transfer or posting at vacant places; respondents to consider within six weeks.

Narayan Koli andANR Vs State Education Departmentors — Service and Employment | Rajasthan HC (2016)

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IN THE HIGH COURT OF JUDICA TURE FOR RAJAS THAN A T JAIPUR BENCH, JAIPUR

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ORDER

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1. S.B. Civil Writ Petition No. 13924/2016

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PrnTIONER :

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Kamlesh Kumar Meena S/o Ram Charan Meena, aged about 42 years, R/o Village and Post Jahira, Tehsil Bamanawas, District Swaimadhopur, Rajasthan.

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VERSUS

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RESPONDENTS :

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The State of Rajasthan through its Principal Education

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Secretary, Government Secretariat, Rajasthan, Jaipur.

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The Director, Secondary Education, Rajasihan, Bikaner.

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The Director, Primary Education, Rajasthan, Bikaner

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The District Education Officer (Primary), Sawai Madhopur,

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Rajasthan.

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The District Education Officer (Secondary), Sawai Madhopur, Raj.

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2. S.B. Civil Writ Petition No. 13992/2016

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PRTTIONERS :

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1. Munna Lal Vaishnava S/o Babu Ram, aged about 46 years, R/o

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Village Khen, Post Inana, District Nagaur, Rajasthan.

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Rameshwar La1 Sain S/o Jai Pysh, aged about 39 years, R/o

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0-13, Gandhi Nagar, Merta City, District Nagaur, Rajasthan.

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VERSUS

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RESPONDENTS :

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The State of Rajasthan through its Principal Education

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Secretary, Government Secretariat, Rajasthan, Jaipur.

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

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The Director, Primary Education, Rajasthan, Bikaner

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The District Education Officer (Primary), Nagaur, Rajasthan.

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The District Education Officer (Secondary), Nagaur, Raj.

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3. S.B. Civil Writ Petition No. 12768/2016

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PETITIONER :

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Ramchandra Yadav Son of Shri Jaydayal Singh, aged about 52 Years, by caste Yadav, Village Bhagwadi Kalan, Guwana, Tehsil

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Behror, district Alwar (Raj.)

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VERSUS

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RESPONDENTS

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State of Rajasthan through Principal Secretary, Elementary

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Education, Govt. Secretariat, Jaipur (Raj.)

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Director, Elementary Education, Bikaner (Raj.)

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District Education Officer Secondary, Education-I, Alwar (Raj.)

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District Education Officer, Elementary Education, Alwar (Raj.)

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4. S.B. Civil Writ Petition No. 139m2016

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PETITIONERS :

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Narayan Koli Son of Shri Gangaram Koli, by caste Koli, aged about 46 years, resident of Village Kutuki, Post Shyaluta, Tehsil Rajgarh, district Alwar, at present posted at Govt. Sr. Secondary '- School Hamirpur, Tehsil Thanagaji, district Alwar (Raj.)

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'2. Mahesh Chand Rajoriya Son of Shri Dungram Rajoriya, by caste Khatik, resident of Mohalla Khatikan, Khatiltan Basti, Barlawas, Tehsil Rajgarh, district Alwar, at present posted at Govt. Adarsh Sr. Secondary School Padak Chhapli, Block Thanagaji, district

Alwar (Raj.)

VERSUS

RESPONDENTS :

State of Rajasthan through Principal Secretary, Elementary

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Education, Govt. Secretariat, Jaipur (Raj.)

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Director, Elementary Education, Bikaner (Raj.)

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District Education Officer Secondary, Education-I, Alwar (Raj.)

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District Education Officer, Elementary Education, Alwar (Raj.)

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5. S.B. Civil Writ Petition No. 13979/2016

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PETITIONERS :

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1. Yasin Mohammad S/o Shri Mohammad Kallan, Agded about 48 years, R/o Bus Stand, Chandkhedi Road, Khanpur, Jhalawar (Raj.).

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Girish Chand Parth S/o Shri BheyfLal Parth, aged about 50

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years, R/o Ramdwara Mohalla, Khanpur, Jahlawar, (Raj.)

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.Irshad Ali S/o Shri Manzoor Ali, aged about 48 years, R/o Bus Stand, Chandkhedi Road, Khanpur, ~halaihr (Raj.).

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Keshav Dev Yadvendu S/o Shri Brijmohan Yadvendu, Aged about 55 Years, R/o House No. 34, Brijvilla, Opposite Baxi School, Borkheda, Kota, (Raj.)

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VERSUS

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RESPONDENTS :

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State of Rajasthan through Principal Secretary to the Government, Department of Elementary Education, Secretariat, Jaipur.

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2. The Director, Elementary Education, Bikaner

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The District Education Officer Secondary, Jhalawar.

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The District Education Officer, Elementary Education,

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Jhalawar.

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~iock Elementary Education Officer, Panchayat Samiti Khanpur,

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District-Jhalawar.

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6. S.B. Civil Writ Petition No.13817/2016

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PR-I-ITONERS :

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Bela Sharma, W/o Shri bevendra Kumar Sharma, Aged about 44 years, R/o 72/257A, Vinayak Path, Mansarovar, Jaipur.

'. .

VERSUS

RESPONDENTS :

Director, Elementary Education, Bikatier (Raj.)

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2. Chief Executive Officer, Zila Parishad;.Jaipur (Raj.)

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District Education Officer (Elementary Education), Jaipur

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Head Master, Government Upper Primary School, Bainar, P.S.

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Jalsu, District Jaipur.

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S.B. Civil Writ Petition No.13814/2016

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PETITIONER :

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Om Prakash Sharma, S/o Shri Gopinath Sharma, Aged about 56 -. .

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years, R/o Pathak Para, Hindaun.

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VERSUS

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RESPONDENTS :

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District Edu. Officer (Sec.Edu.), Karauli.

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2. Block Elementary Education Officer, Hindaun City, District

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Karauli.

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Date of Order : 06'h October, 2016

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HON'BLE MR. JUSTICE M.N.BHANDAR1

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Mr.Ram Pratap Saini ] Mr.Vijay Pathak 1 Mr.Sunil Kumar Jain ] Mr.Suresh Kumar 1, for the petitioners.

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BY THIS COURT :

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Learned counsel pray for disposal of these writ .. petitions with liberty to the petitioners to make a representation to the respondents for their transfer and posting at the appropriate place than present place of posting. It is in view of the fact that in certain cases, transfer has been made from the post

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of Teacher Gr.111 Level - I1 to Level - I, though not permissible and vice ver-sa. In few cases, transfer of Teacher Gr.111 Level I1 of a particular subject has been made irrespective of the nonavailability of the post of the said subject at the place of transfer. In certain cases, a prayer is made to allow consideration C. of the application for mutual transfer or transfer on the ground of illness, if any.

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Last prayer is to allow petitioners to submit the place of posting to other place, if it is lying vacant and the respondents think it appropriate to post the petitioneds there without affecting the administration. .. .

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In view of the prayer made, all the writ petitions are disposed of with liberty as prayed for. In case of representation, the respondents would be expected to consider it appropriately and without predetermination. The consideration would be made within a period of six weeks from. -. the . date of receipt of representation along with copy of this order.

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A copy of this order be placed in each file.

Narayan Koli andANR v. State Education Departmentors

Case brief

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Narayan Koli andANR v. State Education Departmentors

Case brief

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