In a writ petition challenging a transfer order of a school lecturer, the Court held that transfer is an administrative exercise governed by administrative discretion. Finding no basis for interference, the Court dismissed the petition and the associated stay application.
Petition dismissed; stay petition also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 14116/2021
Narayan Lal Depan S/o Shri Gheesa Ram Depan, Aged About 47 Years, R/o Village Bithora Kala, Tehsil Marwar Junction, District Pali, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Govind Suthar for Mr. Moti Singh For Respondent(s) : Mr. Vishal Jangid, Dy.GC.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/10/2021
In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
Learned counsel for the petitioner submits that the transfer order of the petitioner was passed on 29.09.2021 whereas the private respondent was already posted in his place on 25.09.2021, therefore, the transfer has been made for accommodation of certain persons.
Learned counsel for the respondents opposes.
(2 of 2)
[CW-14116/2021]
This Court does not find any discrepancy as it is an administrative exercise and administrative discretion and does not call for any interference.
Accordingly, the present petition is dismissed. Stay petition also stands dismissed.
(DR.PUSHPENDRA SINGH BHATI),J.
16-Zeeshan
2 issues framed by the court
Whether the Court should interfere with the administrative exercise of transferring a school lecturer.
Whether any discrepancy exists in the transfer order regarding the accommodation of personnel.
Narayan Lal Depan
State Of Rajasthan
Director Secondary Education Rajasthan
District Education Officer Secondary Education
Shri Gajendra Garg
Pushendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
