This D.B. Special Appeal concerned a transfer order against a Sanskrit teacher. The High Court held that no reason existed to interfere with the administrative decision, though the appellant was permitted to make representations.
The special appeal is disposed of; the appellant is at liberty to make a representation.
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[2024:RJ-JD:23173-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 431/2024
Durgesh Bharti Goswami S/o Onkar Bharti Goswami, Aged About 49 Years, R/o House No. 09, Rampura Road, Somya House Teacher Colony, Harsh Nagar, Udaipur (Rajasthan).
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. M.M.Dhera For Respondent(s) : Mr. B.L.Bhati, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
22/05/2024
Learned counsel for the appellant submits that the teaching subject of the appellant is not there on the place where he has been transferred vide order dated 22.02.2024 (Annexure-1 and 2) which requires him to be transferred from Government Senior Secondary Sanskrit School, Nathdwara, District Rajsamand to Government Senior Secondary Sanskrit School, Arthuna, District Banswara. Learned counsel further submits that the appellant's mother is also aged and requires consistent attention.
Mr. B.L.Bhati, learned Additional Advocate General submits that as far as subject Grammar is concerned, both the schools
[2024:RJ-JD:23173-DB]
[SAW-431/2024]
(2 of 2)
which are mentioned 'to and from' do not have such students. He also submits that the administrative exigency is in existence and thus, no interference is called for.
In the light of the aforesaid submissions, this Court does not see any reason to interfere in the matter. However, the appellant shall be at liberty to make a representation to the respondents, which shall be decided strictly in accordance with law.
The special appeal stands disposed of accordingly.
(YOGENDRA KUMAR PUROHIT),J (DR.PUSHPENDRA SINGH BHATI),J
43-RP/-
2 issues framed by the court
Whether the High Court should interfere with the transfer order of the appellant Sanskrit teacher due to lack of teaching subject availability.
Whether the administrative exigency justifying the transfer precludes judicial intervention.
1 provisions across 1 enactments
DURGESH BHARTI GOSWAMI
STATE OF RAJASTHAN
COMMISSIONER, DEPARTMENT OF SANSKRIT EDUCATION
PRINCIPAL, GOVERNMENT SENIOR SECONDARY SANSKRIT SCHOOL NATHDWARA
PUSHPENDRA SINGH BHATI
YOGENDRA KUMAR PUROHIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
