[2025:RJ-JP:42347] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15712/2025 Neelam Kumari Wife Of Shri Rakesh Kumar, Resident Of 46, Loins Lane, Jaipur Panchyawala, Rajasthan 302034 ----Petitioner Versus 1. The State Of Rajasthan, Through Principal Secretary Of Education Department, Government Of Rajasthan At Secretariat, C-Scheme, Jaipur. 2. The Director, Secondary Education, Having Its Office At Samta Nagar, Biknaer, Rajasthan. 3. The District Education Officer ( Secondary) Headquarter, District Jaipur. ----Respondents For Petitioner(s) : Mr. Pranjul Chopra Ms. Komal Suthar For Respondent(s) : Mr. Devansh Sharma, Dy.G.C. HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/10/2025 1. This writ petition has been filed by the petitioner with the following prayer:- “It is therefore, most humbly and respectfully prayed that Your Lordships may graciously be pleased to accept and allow this Writ Petition and: I. Direct the Respondents to permit the Petitioner to forego the promotion from the post of Vice Principal to the post of Principal and allow the Petitioner to continue at her current posting as a Vice Principal. II. Consequently, quash and set-aside the refusal of opportunity to forego the said promotion communicated by Respondent No. 2 vide reply/letter dated 09.09.2025. [2025:RJ-JP:42347] (2 of 3) [CW-15712/2025] III. Any other order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the present case in favour of the Petitioner.” 2. Learned counsel for petitioner while placing reliance upon order dated 26.05.2025 in S.B. Civil Writ Petition No. 8637/2025 titled as “Jasvinder Singh Thaira Vs. the State of Rajasthan and Anr. Passed by a Co-ordinate Bench at Principal Seat, Jodhpur submits that petitioner is suffering from critical illness of allergic branchopulmonary aspergillosis (ABPA) and pulmonary tuberculosis with lung disease and she has requested to forego her promotion but respondents are adamant to transfer after granting her promotion. 3. Learned counsel for respondents while placing reliance upon interim order dated 27.08.2025 in D.B. Special Appeal Writ No. 1112/2025 The State of Rajasthan & Ors. Vs. Suresh Kumar Verma, passed by the Division Bench of this Court at Principal Seat, Jodhpur submits that on identical issue order passed by a Co-ordinate Bench is stayed and herein the petitioner has already joined after promotion. 4. During course of arguments, learned counsel for petitioner submits that the petitioner may be granted permission to file an appropriate representation before the respondents-Authority to consider and resolve his grievances. 5. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents- Authority within a period of 30 days raising all grounds and the respondents-Authority are directed to consider and decide the [2025:RJ-JP:42347] (3 of 3) [CW-15712/2025] representation in light of administrative circutars and referred legal position but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After passing the order, the respondents are under an obligation to communicate the order to the petitioner either by way of speed post or through E- mail, if petitioner has provided E-mail in her representation. If the petitioner is still aggrieved, she is at liberty to approach this Court with fresh petition. 6. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /195