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2026 DAILYLAW 14796 (RAJ)

SALMA TAJNAN W/O SHRI LIYAKAT ALI D/O SHRI MAJOR KHAN TAJNAN v. THE SECRETARY

CW/121/2026 · 2026-01-08

Sameer Jain

body2026

Judgment text

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[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 1. The Secretary, Department Of Ayurveda, Government Secretariat, Jaipur. 2. The Deputy Secretary, Department Of Ayurveda, Government Secretariat, Jaipur. 3. The Director, Directorate Of Ayurved Medical Department, Ajmer. 4. The Deputy Director, Department Of Ayurved Medical, Sector-26, Ayush Bhawan, Pratap Nagar, Jaipur. 5. 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 1. 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] (2 of 2) [CW-121/2026] examination, therefore, not only the petitioner but her whole family shall face hardship due to the impugned transfer. 2. 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. 3. With the above-said directions, the present writ petition is disposed of. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J DEEPAK /32