Allowed

Rakesh Kumar Gupta v. State of Rajasthan

Rajasthan HC13 Oct 2023CW/320/2023

Case brief

AI extract

What is this about?

The High Court made an interim stay on transfer orders absolute, allowing petitioners to remain at their previous posts. It held that administrative expediency for transfer had ceased due to time passed but reserved the right to challenge future transfers on same grounds.

What did the court decide?

Impugned transfer orders not to be given effect; petitioners allowed to continue at previous posts; respondents permitted to pass fresh transfer orders; right to challenge subsequent orders on similar

Rakesh Kumar Gupta Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:34960]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 15253/2022

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Rajpal Khoth S/o Shri Mohanlal Khoth, Aged About 24 Years, R/o Village - Bhawal Desar, Hanumangarh District - Hanumangarh (Raj.).

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Secretariat, Rajasthan, Jaipur.

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

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The Principal, Government Senior Secondary School, Sonadi, Tehsil - Nohar, District - Hanumangarh.

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Rajender Prasad Swami, Senior Teacher English, Government Senior Secondary School, Meghwalo Ki Dhani, Barmer Now Transferred At Government Senior Secondary School, Sonadi, Tehsil - Nohar, District Hanumangarh.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 408/2022

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Bhagwati Lal Meena S/o Shri Bheru Lal Meena, Aged About 29 Years, Resident Of Upla Fala, Sadkari, Sagtari, District Udaipur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Secretary, Education Department, Govt. Secretariat, Jaipur (Raj.).

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Director, Elementary Education And Panchayati Raj Department, Rajasthan Bikaner (Raj.).

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Director, Secondary Education Bikaner (Raj.). 4. District Education Officer (Head Quarter), Secondary Education, Udaipur (Raj.).

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

----Respondents

(2 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

S.B. Civil Writ Petition No. 11794/2022

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Gida Ram Banjara S/o Shri Bhabut Ram Banjara, Aged About 58 Years, R/o Village And Post Bhiwara, Tehsil Rani, Dist. Pali. At Present Working As Principal, Govt. Sr. Secondary School, Dhanla Block Marwar Juction, Dist. Pali.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Principal Secretary, Department Of Education, Government Of Rajasthan, Government Of Rajasthan, Jaipur.

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The Director, Department Of Secondary Education, Bikaner.

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The Joint Director, Secondary Education, Pali Division Pali. 4. The District Education Officer, Secondary Education, Pali.

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----Respondents

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S.B. Civil Writ Petition No. 13079/2022

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Shambhu Lal Jat S/o Shri Lobh Chand Jat, Aged About 48 Years, B/c Jat, R/o Shri Bhagat Singh Colony, Ward No. 30, Chittorgarh, District Chittorgarh (Raj.). At Present Working As Lecturer (Physics) And Associate Ncc Officer (Ano) At Shahid Major Natwar Singh Shaktawat Govt. Senior Secondary School, Chittorgarh (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary, Department Of Education, Government Of Rajasthan, Jaipur (Raj.)

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Director, Board Of Secondary Education, Bikaner, Rajasthan.

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Chief District Education Officer, Chittorgarh.

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----Respondents

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S.B. Civil Writ Petition No. 13282/2022

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Chandra Prakash Meghwanshi S/o Shri Babulal Meghwanshi, Aged About 35 Years, R/o Tabeeji Rural, Tehsil And District Ajmer (Rajasthan).

----Petitioner

Versus

(3 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Government Secretariat, Jaipur.

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The Director, Secondary Education, Government Of Rajasthan, Directorate, Bikaner (Rajasthan)

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Khushbu Verma, Lecturer (Geography) Govt. Sr. Secondary School, Masuda, District Ajmer (Rajasthan).

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----Respondents

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S.B. Civil Writ Petition No. 13416/2022

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Saroj Choudhary W/o Baldev Choudhary, Aged About 44 Years, R/o 37, Roop Nagar Ii, Jodhpur (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Rajasthan, Jaipur.

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

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The District Education Officer, Jodhpur, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 13591/2022

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Jeevraj Singh Rathore S/o Tan Singh Rathore, Aged About 49 Years, By Caste Rajput, R/o V/p Redana, District Barmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of School Education, Government Of Rajasthan, Secretariat, Jaipur, Rajasthan.

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State Project Director And Commissioner, Rajasthan Council Of School Education (Rcse), Department Of School Education, Government Of Rajasthan, Jaipur, Rajasthan.

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The Rajasthan Secondary Education Council, Dr Radhakrishnan Shiksha Sankul, Block 6, Jln Marg, Opp. Pulia, Jaipur, Rajasthan.

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Director, Secondary Education, Directorate, Bikaner Rajasthan.

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The Principal, Secondary Education, Directorate, Bikaner

(4 of 11)

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[CW-15253/2022]

Rajasthan.

The Principal, Government Senior Secondary School, Ramsar, Block Ramsar, District Barmer.

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----Respondents

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S.B. Civil Writ Petition No. 14445/2022

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Rajesh Mahala S/o Shri Birbal Singh, Aged About 41 Years, R/o Village And Post Doradas, Distt. Jhunjhunu (Raj.) Presently Working As Teacher Grade Iii At Government Senior Secondary School, Beethnok, Panchayat Samiti Kolayat, District Bikaner.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Education, Secretariat, Jaipur

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The Director, Secondary Education, Bikaner (Raj.)

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----Respondents

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S.B. Civil Writ Petition No. 14817/2022

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Satveer S/o Shri Chand, Aged About 35 Years, R/o Ward No. 09, Lalanawas Sheopura, Lalana, Hanumangarh District - Hanumangarh (Raj.).

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary, Department Of Secondary Education, Secretariat, Rajasthan, Jaipur.

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

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The Joint Director (School Education), Bikaner Zone, Bikaner.

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The Principal, Government Senior Secondary School, Pandusar, Tehsil - Nohar, District - Hanumangarh.

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Anita, Teacher Hindi, Government Senior Secondary School, Shekhawas, Pali Now Transferred At Government Senior Secondary School, Pandusar, Tehsil - Nohar, District Hanumangarh.

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----Respondents

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S.B. Civil Writ Petition No. 15072/2022

(5 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

Hari Om Hiragar S/o Shri Goma Ram, Aged About 57 Years, Resident Of 197, Magaria Bera, Awasia Colony, Sojat, District Pali (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary (Secondary Education), Education Department, Govt. Of Rajasthan, Jaipur.

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Joint Secretary (Admn.), Education (Group-2) Department, Jaipur.

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Director (Secondary Education), Bikaner.

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The District Education Officer, (Secondary Education), Jaisalmer.

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The Principal, District Institute Of Education And Training, Bagri Nagar, Pali.

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----Respondents

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S.B. Civil Writ Petition No. 15420/2022

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Manilal Garasiya S/o Shri Madiyaji Garasiya, Aged About 55 Years, R/o Lankai, Tehsil Bagidora, District Banswara (Raj.)

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Deputy Secretary, (School Education And Language Department), Rajasthan, Jaipur (Raj.)

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Joint Director (School Education), Udaipur Zone, Udaipur. 3. The Director (Secondary Education), Rajasthan, Bikaner.

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

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----Respondents

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S.B. Civil Writ Petition No. 15483/2022

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Dr. Dilawar Tak S/o Shri Prem Swaroop Tak, Aged About 46 Years, Resident Of H.No. 11, Matra Kripa Rajeev Colony, Ganeshpura, Beawar, District Ajmer.

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----Petitioner

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Versus

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The State Of Rajasthan, Through The Secretary,

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[2023:RJ-JD:34960]

[CW-15253/2022]

Department Of Education, Government Of Rajasthan, Jaipur.

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The Director, Secondary Education, Bikaner.

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Shri Amolak Maurya, Presently Working As Principal, Mahatma Gandhi Government School, Khusalpura, Pali.

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----Respondents

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S.B. Civil Writ Petition No. 15897/2022

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Anshu Jain W/o Manoj K Kamra, Aged About 52 Years, Principal, Government Senior Secondary School Jalwali, Bikaner.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Education (Secondary Education) Government Of Rajasthan, Jaipur, Rajasthan.

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Director, Secondary Education, Bikaner. 3. Satyanaray Mehrda, Principal, Government Senior Secondary School Jalwali, Bikaner (Raj.).

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Parasaram Mordiya S/o Shri Pema Ram, R/o Vii A, 18, 19 Jai Narayan Vyas Colony, Bikaner.

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Rakesh Mordiya S/o Shri Paras Ram Mordiya, R/o Vii A, 18, 19 Jai Narayan Vyas Colony, Bikaner.

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Gourav Goutam S/o Shri Anuram Gautam, R/o 343 A Lane No. 10, Barkat Nagar, Tonk Road Phatak, Jaipur 302015.

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----Respondents

¶135

S.B. Civil Writ Petition No. 18422/2022

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Mangi Lal S/o Shri Bhura Ram, Aged About 48 Years, R/o Village Pithasiya, Post Sadokan, Tehsil And District Nagaur, Rajasthan.

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----Petitioner

¶138

Versus

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State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

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

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The District Education Officer (Headquarter), Secondary

(7 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

Education, Nagaur, District Nagaur, Rajasthan.

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The Additional Chief Election Officer, State Of Rajasthan, Jaipur, Rajasthan.

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The Principal/peeo, Government Senior Secondary School, Sadokan, Nagaur, District Nagaur, Rajasthan.

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----Respondents

¶149

S.B. Civil Writ Petition No. 18476/2022

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Sunil Kumar Sen S/o Ram Pratap Sen, Aged About 52 Years, R/o- Chowk Bass, Gram- Tausar, District - Nagaur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur.

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

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

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The District Education Officer, (Secondary Education), Bharatpur.

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----Respondents

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S.B. Civil Writ Petition No. 19475/2022

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Chandra Prakash Gupta S/o Shri Ram Swaroop Gupta, Aged About 47 Years, R/o Near Bus Stand, Owan Tehsil Hindoli District Bundi (Raj.) At Present Working As Lecturer (Sanskrit) At Mahtma Gandhi Government School, Shakkargarh District Bhilwara, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Education (School), Government Of Rajasthan, Jaipur.

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The Director, Secondary Education, Rajasthan, Bikaner.

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The District Education Officer Secondary Education, Bhilwara.

----Respondents

(8 of 11)

[2023:RJ-JD:34960]

[CW-15253/2022]

S.B. Civil Writ Petition No. 88/2023

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Urmila Choudhary W/o Late Shri Bharat Singh, Aged About 56 Years, Resident Of Near Anaj Mandi, Bhadra Tehsil Bhadra District Hanumangarh. At Present Working As Addl. Administrative Officer Posted At Govt. Senior Secondary School, Gandhi Badi, Tehsil Bhadra District Hanumangarh.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Director Secondary Education, Rajasthan Bikaner.

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District Education Officer, Headquarter Secondary Education, Hanumangarh.

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Chief Block Education Officer, Bhadra District Hanumangarh.

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Principal, Govt. Senior Secondary School, Gandhi Badi, Tehsil Bhadra District Hanumangarh.

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Hemant Sudarshan, At Present Working As Addl. Administrative Officer, Posted At Office Of Chief Block Education Officer, Block Rawatsar District Hanumangarh.

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----Respondents

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S.B. Civil Writ Petition No. 140/2023

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Pavan Kumar Sharma S/o Shri Uma Shanker Sharma, Aged About 51 Years, R/o Village Gega Ka Khera, Tehsil Kotdi, District Bhilwara.

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----Petitioner

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Versus

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1. State Of Rajasthan, Through Principal Secretary, Education Department, Govt. Of Rajasthan, Secretariat, Jaipur

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The Director, Secondary Education, Bikaner, Rajasthan. 3. The District Education Officer, Secondary, District Bhilwara.

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----Respondents

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S.B. Civil Writ Petition No. 320/2023

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Rakesh Kumar Gupta S/o Shri Prabhu Dayal Gupta, Aged About 54 Years, R/o 49, Krishna Vihar, Mangyawas Road, Mansarovar, Jaipur, Rajasthan.

[2023:RJ-JD:34960]

[CW-15253/2022]

(9 of 11)

----Petitioner

Versus

State Of Rajasthan, Through Principal Secretary, Department Of Education, Govt. Secretariat, Jaipur.

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The Director, Secondary Education, Rajasthan, Bikaner. 3. The Joint Director, School Education, Jaipur Division, Jaipur.

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The Principal, Mahatma Gandhi Govt. School, Udaipuriya, Govindgarh, District Jaipur.

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Archana Naveen, Principal, Mahatma Gandhi Govt. School, Udaipuriya, Govindgarh, District Jaipur.

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----Respondents

¶198

S.B. Civil Writ Petition No. 349/2023

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Vijay Singh S/o Shri Panney Singh, Aged About 58 Years, R/o 4/18 Housing Board, Balotra, District Barmer.

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----Petitioner

¶201

Versus

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State Of Rajasthan, Through The Secretary Through Secondary Education Department Government Of Rajasthan, Jaipur.

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Director, Secondary Education, Bikaner.

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District Education Officer, (Hq) Secondary Education Department, Barmer.

¶205

----Respondents

¶206

S.B. Civil Writ Petition No. 570/2023

¶207

Banveer Singh Rathore S/o Shri Narayan Singh Rathore, Aged About 55 Years, R/o Village And Post Bhatal Tehsil Baneda District Bhilwara, Rajasthan.

¶208

----Petitioner

¶209

Versus

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State Of Rajasthan, Through Principal Secretary, Department Of Education, Govt. Secretariat, Jaipur.

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The Director, Secondary Education, Rajasthan, Bikaner. 3. The Principal, Govt. Sr. Secondary School, Phuliya Khurd, Shahpura, District Bhilwara.

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----Respondents

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[2023:RJ-JD:34960]		(	10 of 11) [CW-15253/2022]
For Petitioner(s)	:	Mr. Mr. Mr. Mr. Mr. Ms. Mr. Mr. VC Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr.	J.S. Bhaleria O.P. Sangwa Kapil Purohit Hemant Jain Banshi Lal Khushbu Choudhary Tribhuwan Singh Sunil Kumar Singodiya, through Ravinder Singh Champawat Sushil Solanki S.S. Ladrecha Kailash Jangid Gaurav Maru Ram Dev Potalia Ramawatar Singh S.S. Choudhary Vikram Singh Bhawla Pramendra Bohra
For Respondent(s)	:	Mr. Mr. Mr.	Hemant Choudhary, GC Vishal Jangid R.C. Joshi
		Mr.	Rajvendra Saraswat

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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13/10/2023

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By way of the present writ petitions, the petitioners have challenged the transfer order with the prayers as indicated in their respective petitions.

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Pursuant to the interim order the petitioner has been allowed to continue at the place where petitioner was posted prior to passing of the order under challenge.

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Even if there was any valid ground to transfer the petitioners in the interest of administration, due to change in circumstances and passage of sufficiently long time, the expediency must have withered away or ceased to exist by now.

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[2023:RJ-JD:34960]

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[CW-15253/2022]

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Hence, the interim order is made absolute and it is hereby ordered that impugned transfer order will not be given effect to. 5. The respondent shall however be free to pass fresh order and transfer the petitioners, in accordance with law, obviously, if administrative exigency so warrants.

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The petitioners’ right to challenge the subsequent order on the grounds which have been taken in the present petition shall stand reserved.

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With these directions/observations, the writ petitions as well as stay petitions stand disposed of.

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(VINIT KUMAR MATHUR),J

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281-283, 285-286, 288-290,

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292-295, 298, 303, 305-311-Shahenshah/-

Rakesh Kumar Gupta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Gupta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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