[2025:RJ-JP:42843] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16030/2025 Prabha Shanker Sharma Son Of Shri Hari Parasad Sharma, Aged About 59 Years, Resident Of Plot No. 68, Flat No. S-3, Ganpati Enclave, Mangyawas, Rajkamal Palace, Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary, Education Department, Govt. Secretariat, Jaipur (Raj.) 2. Director, Secondary Education, Bikaner, Rajasthan. ----Respondents For Petitioner(s) : Mr. Bajrang Sepat for Mr. Komal Kumar Giri For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar, Ms. Pooja Sharma and Mr. S.M. Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/10/2025 1. Instant writ petition has been preferred with following prayer; (i) to quash and set aside the transfer order dated 22.09.2025 qua the petitioner by the respondents transferred which the petitioner from Badam Bai Jeetmal Dangi, Government Senior Secondary School Lava, Sardargarh, Rajsamand to Government. Senior Secondary School Motida, Udaipur and respondents may kindly be directed to continue the petitioner at Badam Bai Jeetmal Dangi, Government Senior Secondary School Lava, Sardargarh, Rajsamand in the larger interest justice. of (ii) Issue any other writ order or direction, which [2025:RJ-JP:42843] (2 of 5) [CW-16030/2025] this Hon'ble Court deems fit and proper, may kindly be passed in favour of the petitioner. (iii) Cost of the writ petition be also awarded in favour of the petitioner. 2. Learned counsel for petitioner submits that the date of birth of present petitioner is 02.05.1966 and in another 7 months, he will be superannuated from the service and the respondents have transferred him from Badam Bai Jeetmal Dangi, Government Senior Secondary School Lava, Sardargarh, Rajsamad to Government Senior Secondary School Motida, Udaipur. 3. He placed reliance upon order dated 12.12.2019 in S.B. Civil Writ Petition No.21005/2019 titled as Mahendra Kumar Vs. State of Rajasthan, order dated 14.12.2019 in S.B. Civil Writ Petition No.21353/2019 titled as Sundaram Vs. Director, Secondary Education and Anr., order dated 29.11.2019 in S.B. Civil Writ Petition No.20237/2019 titled as Dr. Bhupendra Kumar Tiwari Vs. State of Rajasthan and Ors. and order dated 08.10.2025 in S.B. Civil Writ Petition No.15396/2025 titled as Smt. Divya Mathur Vs. State of Rajasthan and Ors. passed by this Hon’ble Court at Jaipur and order dated 06.01.2023 in S.B. Civil writ Petition No.19424/2022 titled as Bajran Lal Raigar Vs. State of Rajasthan and Ors., order dated 19.12.2022 in S.B. Civil Writ Petition No.18482/2022 titled as Ram Lal Saini Vs. State of Rajasthan and Ors., order dated 05.03.2020 in S.B. Civil Writ Petition No.3312/2020 titled as Umesh Khitoliya Vs. State of Rajasthan and Ors., order dated 07.05.2025 in D.B. Spl. Appeal Writ No.632/2025 titled as Choti Devi Vs. State of Rajasthan and Ors. passed by different Benches of this [2025:RJ-JP:42843] (3 of 5) [CW-16030/2025] Hon’ble Court at Principal Seat at Jodhpur. He also placed reliance upon order dated 14.12.2017 in D.B. Special Appeal Writ No.1037/2017 titled as Magraj Sharma Vs. State of Rajasthan and Ors., order dated 22.10.2020 in S.B. Civil Writ Petition No.11111/2020 titled as Karni Singh Vs. State of Rajasthan and Ors., order dated 20.01.2021 in S.B. Civil Writ Petition No.1356/2021 titled as Rakesh Kumar Saini Vs. State of Rajasthan and Ors., order dated 25.10.2021 in S.B. Civil Writ Petition No.14863/2021 titled as Nisha Singh Vs. State of Rajasthan and Ors., order dated 10.10.2023 in S.B. Civil Writ Petition No.15852/2023 titled as Nand Singh Vs. State of Rajasthan and Ors., order dated 15.10.2024 in S.B. Civil Writ Petition No.16764/2024 titled as Sohan Lal Dara Vs. State of Rajasthan and Ors., order dated 21.10.2024 in S.B. Civil Writ Petition No. 17064/2024 titled as Laxman Singh Vs. State of Rajasthan and Ors., order dated 22.08.2022 in S.B. Civil Writ Petition No.11481/2022 titled as Mushtaque Ahmed Vs. State of Rajasthan and Ors. passed by different Benches of this Hon’ble Court at Principal Seat, Jodhpur. He also referred order dated 17.07.2018 in S.B. Civil Writ Petition No.14770/2018 titled as Kamal Nayan Kothari Vs. State of Rajasthan, order dated 13.07.2018 in S.B. Civil Writ Petition No.14551/2018 titled as Smt. Jessy Subastian Vs. State of Rajasthan and Ors., order dated 08.10.2025 in S.B. Civil Writ Petition No.15396/2025 titled as Smt. Divya Mathur Vs. State of Rajasthan, order dated 22.10.2019 in S.B. Civil Writ Petition No.17626/2019 titled as Kusum Vs. State of Rajasthan and Ors., order dated [2025:RJ-JP:42843] (4 of 5) [CW-16030/2025] 26.09.2025 in S.B. Civil Writ Petition No.5189/2025 titled as Smt. Indu Vs. State of Rajasthan and Ors. passed by different Benches of this Hon’ble Court at Jaipur. 4. Learned AAG while placing reliance upon judgment in case of Sultan Singh Sahu Vs. State of Rajasthan in S.B. Civil Writ Petition No.18959/2025 (order dated 16.10.2025) passed by a Coordinate Bench at Principal Seat, Jodhpur submits that petitioner has no right to claim transfer at particular place rather the petitioner is transferred on the basis of administrative exigencies. He also submits that if petitioner is on verge of another 6 months that he can submit a representation and undertake that the representation will be considered by the Department and they will pass an appropriate order under intimation to the petitioner. He further submits that till the time, the order may be stayed by this Hon’ble Court. 5. Having considered the submission and also considering the judgment as referred hereinabove, by learned AAG, the writ petition is disposed of with liberty to petitioner to submits representation to the respondent No.2 within a period of 2 weeks though through speed post or by E-mail. On receipt of representation, the respondent No.2 shall consider the representation on the basis of ground as referred in the representation and decide the same within 4 weeks of receipt of representation and communicate the decision to the petitioner by speed post or by E-mail, if petitioner has provided E-mail in his representation. [2025:RJ-JP:42843] (5 of 5) [CW-16030/2025] 6. The petitioner has the right to re-approach the Court or any other Forum as provided under the law, if he is aggrieved of the decision of respondent No.2 7. In the meanwhile, the order dated 22.09.2025 (Annexure 1) shall remain stayed till disposal of representation by the respondent No.2. (ASHOK KUMAR JAIN),J GAURAV /39