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2025 DAILYLAW 46904 (RAJ)

KAPOOR CHAND GUPTA S/O DAMODAR LAL GUPTA v. STATE OF RAJASTHAN

CW/16926/2025 · 2025-11-14

Ashok Kumar Jain

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[2025:RJ-JP:46082] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16926/2025 Kapoor Chand Gupta S/o Damodar Lal Gupta, Aged About 59 Years 3 Months,, R/o 41-A, Ganesh Vihar, Model Town, Malviya Nagar, Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur. 2. The Director, Secondary Education, Rajasthan, Bikaner. 3. The Principal, Bohare Badri Prasad Govt. Sr. Secondary School, Paraua, Dholpur. 4. Surendra Singh Poonia, Principal, Govt. Sr. Secondary School, Rajgarh, Churu. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar and Ms. Pooja Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/11/2025 1. Instant writ petition has been preferred with following prayer:- “i) By an appropriate writ, order and direction, the impugned order dated 22.09.2025 (Annex.1) and impugned relieving order dated 27.10.2025 (Annex.2) may kindly be quashed and set aside. ii) By an appropriate writ, order and direction, the respondents be directed to continue the petitioner on the post of Principal at Bohare Badri Prasad Govt. Sr. Secondary School, Paraua, Dholpur. Iii) Pass any other appropriate order which this Hon’ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner.” [2025:RJ-JP:46082] (2 of 3) [CW-16926/2025] 2. Learned counsel for petitioner while placing reliance upon judgment in case of Om Prakash Chopra Vs. State of Rajasthan in S.B. Civil Writ Petition No.15799/2025 (order dated 03.09.2025), Jhabar Singh Vs. State of Rajasthan in D.B. Civil Writ Petition No.237/2025 (order dated 27.03.2025) and Pushpa Mehta Vs. State of Rajasthan in Civil Special Appeal No.1430/1999 and submits that the date of birth of the present petitioner is 10.06.1966 and he is more than 59 years of age and in another nine months, he will be superannuated from the service but the respondents have transferred him from Bohare Badri Prasad Govt. Sr. Secondary School, Paraua, Dholpur to Farakpur (Dholpur). 3. 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 retirement in another nine months then he can submit a representation. He further undertake that the representation will be considered by the Department and will pass an appropriate order under intimation to the petitioner. He further submits that till the time, the order may be stayed by Hon’ble Court. 4. Having considered the submission and also considering the judgments as referred hereinabove, by both the parties, the writ petition is disposed of with liberty to petitioner to submits representation to the respondent No.2 within 30 days through [2025:RJ-JP:46082] (3 of 3) [CW-16926/2025] 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. 5. The petitioner may re-approach the Court or any other Forum as provided under the law, if he is aggrieved of the decision of respondent No.2. 6. In the meanwhile, the transfer order dated 22.09.2025 and the relieving order dated 27.10.2025 qua petitioner shall remain stayed till disposal of representation by the respondent No.2. 7. The writ petition stands disposed of with pending application, if any. (ASHOK KUMAR JAIN),J MR/360-supp