Lata Prajapati D/O Nabab Singh Prajapati Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

Lata Prajapati D/O Nabab Singh Prajapati Vs the State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to submit a representation to the respondents in light of the order dated 04.08.2021 in Kindar Vs. State of Rajasthan & Ors.; if respondents find her case covered by the circular dated 18.05.2020 and that order, an appropriate order modifying her place of posting is to be passed within four weeks, failing which a reasoned and speaking order is to be passed within the same period and its copy supplied by speed post or E-mail.

Issue for consideration

Whether the petitioner's case is covered by the referred circular dated 18.05.2020 and the order dated 04.08.2021 passed by this Court in Kindar Vs. State of Rajasthan & Ors., such that an appropriate order for modification of her place of posting should be passed.

Court's answer

The writ petition is disposed of with liberty to the petitioner to make a representation to the respondents in light of the order dated 04.08.2021 passed by this Court in Kindar Vs. State of Rajasthan & Ors. (supra).

Ratio / Principle

If the respondents find that the petitioner's case is covered by the referred circular dated 18.05.2020 and the order dated 04.08.2021 passed by this Court, an appropriate order for modification of her place of posting shall be passed within four weeks from the date of submission of the representation along with a copy of this order.

Key takeaways

In case of any deviation, a reasoned and speaking order shall be passed within the said period and a copy shall be supplied to the petitioner by speed post or E-mail.ratio¶20
The Court expressly clarified that it has not expressed any opinion on the merits of the case in favour of the petitioner.ratio¶21
The writ petition, along with pending application(s), if any, stands disposed of.ratio

Detailed headnote1 paragraphs

High Court of Judicature for Rajasthan, Jaipur Bench (Ashok Kumar Jain, J.), order dated 06/10/2025 in S.B. Civil Writ Petition No. 13807/2025, Lata Prajapati v. State of Rajasthan & Ors.: On counsel's submission that the controversy had been considered in Kindar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 6507/2017, decided 04.08.2021) and that the petitioner's case was squarely covered, the writ petition was disposed of with liberty to the petitioner to make a representation to the respondents in light of that order. If the respondents find her case covered by the referred circular dated 18.05.2020 and the order dated 04.08.2021, an appropriate order for modification of her place of posting is to be passed within four weeks of submission of the representation with a copy of the order; in case of deviation, a reasoned and speaking order is to be passed within the same period and supplied to the petitioner by speed post or E-mail. The Court expressly clarified that no opinion was expressed on the merits in favour of the petitioner; the writ petition with pending applications stands disposed of.

[2025:RJ-JP:40402]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 13807/2025

Lata Prajapati D/o Nabab Singh Prajapati, Aged About 27 Years, R/o 126, Beech Ka Pautha, Nunhera, Dholpur, Rajasthan. (Roll No. 2136431)

----Petitioner

Versus

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

The Director, Primary Education, Rajasthan, Bikaner. 3. The District Education Officer (Elementary Education), Headquarter, Sikar.

The Chief Executive Officer, Zila Parishad, Sikar.

----Respondents

For Petitioner(s) : Mr. Ram Pratap Saini. For Respondent(s) :

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

06/10/2025

Learned counsel for petitioner while referring order dated 28.08.2025 in S.B. Civil Writ Petition No.12876/2025 submitted that similar controversy was considered by this Hon’ble Court in case of Kindar Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 6507/2017) decided on 04.08.2021 and case of present petitioner is squarely covered from order as referred by him.

Having considered the submissions of learned counsel for petitioner, the writ petition is disposed of with liberty to the petitioner to make a representation to the respondents in

(2 of 2)

[2025:RJ-JP:40402]

[CW-13807/2025]

light of order dated 04.08.2021 passed by this Court in case of Kindar Vs. State of Rajasthan & Ors. (supra) . In case, respondents finds that the case of present petitioner is covered by referred circular dated 18.05.2020 and order dated 04.08.2021 passed by this Court then appropriate order for modification of her place of posting may be passed within a period of four weeks from date of submission of representation along with copy of this order. In case of any deviation, a reasoned and speaking order be passed within said period and a copy be supplied to petitioner by speed post or E-mail.

It is hereby clarified that this Court has not expressed any opinion on merits of the case in favour of petitioner.

Accordingly, writ petition along with pending application, if any, stands disposed of.

(ASHOK KUMAR JAIN),J

PREETI VALECHA /42