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2025 DAILYLAW 47098 (RAJ)

MOHAMMED SHOAB KHAN S/O SHRI SAEEDUDDIN KHAN KHAN v. STATE OF RAJASTHAN

CW/16158/2025 · 2025-10-17

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:42844] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15977/2025 Dr. Smt. Shamim Khan D/o H.s. Khan W/o Arshad Saneef, Aged About 59 Years, Resident Of Mangalpura, Gaujro Ke Mandir Ke Samne, Mahila Kotwali Road, Jhalawar ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, Edu- cation Department, Government Secretariat, Jaipur 2. The Director, Secondary Education, Bikaner, Rajasthan 3. The Principal, District Institute For Education And Train- ing, Jhalarapatan, District Jhalawar ----Respondents Connected With S.B. Civil Writ Petition No. 16158/2025 Mohammed Shoab Khan S/o Shri Saeeduddin Khan Khan, Aged About 58 Years 9 Months, Resident Of Moti Bagh, Paal Ward No. 21 Gulzar Bagh Tonk, Raj ----Petitioner Versus 1. State Of Rajasthan, Through The Principal Secretary, School Education Department, Government Secretariat, Jaipur 2. Director, Secondary Education, Bikaner Rajasthan 3. Ram Charan Makwana, Principal At Government Senior Secondary School Borina, Chechat, Kota. ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. S.M. Sharma Mr. Vishal Kumar Ms. Pooja Sharma [2025:RJ-JP:42844] (2 of 5) [CW-15977/2025] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/10/2025 1. These Civil Writ Petitions have been preferred with following prayers; “S.B. Civil Writ Petition No. 15977/2025: (A) The impugned order of transfer dated 22.09.2025 (Annexure-1) to the extent of the humble petitioner mentioned at Sr. No. 4517 and the consequential relieving order dated 23.09.2025 (Annexure-1A) may kindly be quashed and set aside, in the interest of justice. S.B. Civil Writ Petition No.16158/2025: (A) The impugned order of transfer dated 22.09.2025 (Annexure-1) passed by the Director, Secondary Education, Bikaner to the extent of the humble petitioner and the consequential relieving order dated 23.09.2025 (Annexure-2) may kindly be quashed and set aside, and, accordingly set right by directing the respondents to transfer the humble applicant in Tonk or in Kota itself in the interest of justice.” 2. Learned counsel for petitioners while placing reliance 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 present petitioners are 18.01.1967 and 28.11.1966 respectively and in another coming months, they will be superannuated from the service and the respondents have transferred petitioners (Dr. Smt. Shamim Khan and Mohd. Shoab Khan) from District Institute for Education and Training, Jhalarapatan, Distt. Jhalawar and Govt. Senior Secondary Borina, Chechat, Kota respectively. 3. He further placed reliance upon order dated 12.12.2019 in S.B. Civil Writ Petition No.21005/2019 titled as Mahendra [2025:RJ-JP:42844] (3 of 5) [CW-15977/2025] 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 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 [2025:RJ-JP:42844] (4 of 5) [CW-15977/2025] 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 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 petitioners have no right to claim transfer at particular place rather the petitioners are transferred on the basis of administrative exigencies. He also submits that if petitioners are on verge of another 6 months that he can submit a representation [2025:RJ-JP:42844] (5 of 5) [CW-15977/2025] and undertake that the representation will be considered by the Department and they will pass an appropriate order under intimation to the petitioners. 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 judgments as referred hereinabove, by both the parties, the writ petition(s) are disposed of with liberty to petitioner(s) 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(s) by speed post or by E-mail, if petitioner(s) have provided E-mail in their representation. 6. The petitioner(s) have the right to re-approach the Court or any other Forum as provided under the law, if they are 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 MONU /213-214-S