Salma Tajnan W/O Shri Liyakat Ali D/O Shri Major Khan Tajnan Vs the Secretary — Rajasthan HC (2026) — LawSathi Research

Salma Tajnan W/O Shri Liyakat Ali D/O Shri Major Khan Tajnan Vs the Secretary — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim halt of the transfer list dated 15.01.2025 qua the petitioner for 21 days from the date of the order, within which the petitioner may file a representation before the competent authority, which shall adjudicate it in accordance with law; writ petition disposed of with these directions.

Issue for consideration

Whether the petitioner's transfer by order dated 15.01.2025 — effected mid-session and causing hardship to the petitioner and her family (children facing annual examinations) — warrants interference by this Court.

Court's answer

This Court put at halt (interim stay) the transfer list dated 15.01.2025 qua the petitioner for a period of 21 days from the date of passing of the order, so that the petitioner could seek redress through a representation rather than by direct judicial interference with the administrative transfer.

Ratio / Principle

Within the said 21-day period the petitioner may file a representation before the competent authority, and the competent authority shall adjudicate the representation so filed, considering the grievance raised by the petitioner, in accordance with law.

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), single judge (Justice Sameer Jain) — S.B. Civil Writ Petition No. 121/2026, disposed of on 08/01/2026. The petitioner, an Ayurved Medical Officer, challenged her transfer order dated 15.01.2025, alleging that the transfer was effected mid-session and would cause hardship to her entire family, her children having to appear for annual examinations; she also pointed out that Dr. Tadkeshwar Sharma, previously posted at her place, had himself been transferred elsewhere, leaving the seat vacant. Taking note of the settled position in Shilpi Bose & Ors. v. State of Bihar & ors., 1991 Supp (2) SCC 659 — that in transfer matters judicial interference arises only where there are malafides or deviation from policy, transfers being administrative decisions — the Court put the transfer qua the petitioner 'at halt' for 21 days from the date of the order, directing that within this period she may file a representation before the competent authority, which shall adjudicate the representation, considering her grievance, in accordance with law. The writ petition stood disposed of with these directions; pending applications, if any, were also disposed of.

[2026:RJ-JP:517]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 121/2026

Salma Tajnan W/o Shri Liyakat Ali D/o Shri Major Khan Tajnan, Aged About 41 Years, Resident Of Plot No. 75-A, Balvihar Colony, Joshi Marg, Kalwar Road, Jhotwara, Jaipur (Raj) Presently Posted At Ayurved Medical Officer, Posted At Ayurved Aushdhalya, Satellite Banipark, Jaipur-B, Jaipur.

----Petitioner

Versus

The Secretary, Department Of Ayurveda, Government Secretariat, Jaipur.

The Deputy Secretary, Department Of Ayurveda, Government Secretariat, Jaipur.

The Director, Directorate Of Ayurved Medical Department, Ajmer.

The Deputy Director, Department Of Ayurved Medical, Sector-26, Ayush Bhawan, Pratap Nagar, Jaipur.

Shri Tadkeshwar Sharma, Ayurved Medical Officer, Ayurved Aushdhalya, Satellite, Banipark, Jaipur-B, Jaipur. ----Respondents

For Petitioner(s)	: Mr. Rajeev Kumar Sogarwal
For Respondent(s)	:

HON'BLE MR. JUSTICE SAMEER JAIN

Order

08/01/2026

Learned counsel for the petitioner is aggrieved of transfer order dated 15.01.2025. It is submitted that Dr. Tadkeshwar Sharma at serial no.11 was posted at the place of petitioner is also further transferred to other seat and therefore the seat is vacant. It is also submitted that transfer is effected in the mid session, and the petitioners’ children have to appear for annual

[2026:RJ-JP:517]

[CW-121/2026]

(2 of 2)

examination, therefore, not only the petitioner but her whole family shall face hardship due to the impugned transfer.

Considering the case at hand, and taking note of the settled position of law, as per the ratio encapsulated in Shilpi Bose & Ors. Vs. State of Bihar & ors. reported in 1991 Supp (2) SCC 659 wherein it is stated that in transfer matters, interference is made when there are malafides or policies qua the transfer is deviated, as the same is administrative decision, this Court puts at halt the transfer list dated 15.01.2025 qua the petitioner for a period of 21 days, from the date of passing of this order; within the said time the petitioner can file a representation before the competent authority, considering the grievance raised by the petitioner, the competent authority shall adjudicate the representation so filed, in accordance with law.

With the above-said directions, the present writ petition is disposed of. Pending applications, if any, shall stand disposed.

(SAMEER JAIN),J

DEEPAK /32