BANWARI LAL KUMHAR S/O LALLU RAM KUMHAR v. STATE OF RAJASTHAN
CW/5885/2026 · 2026-04-02
Ravi Chirania
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1516 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1516 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:13802] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5885/2026 Banwari Lal Kumhar S/o Lallu Ram Kumhar, Aged About 49 Years, Resident Of 98, Niloj, Liloj, Dausa, Rajasthan-303313, Presently Working As Principal At Govt. Senior Secondary School, Ralawata, Dausa Employee Id- Rjsr200834019495 ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Jaipur.
2. The Director Secondary Education, Rajasthan
3. The Principal, Govt. Sr. Secondary School, Ralawata, Dausa ----Respondents For Petitioner(s) : Mr. Bhawani Singh Saini For Respondent(s) :
HON'BLE MR. JUSTICE RAVI CHIRANIA
Order 02/04/2026
1. The instant writ petition has been filed by the petitioner by which he has made a challenge to the impugned order dated 18.03.2026 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No.894/2026 titled as Banwari Lal Kumhar vs. State of Rajasthan whereby the appeal came to be rejected and the impugned transfer order dated 22.09.2025 and representation rejection order dated 26.02.2026 have been upheld.
2.
Brief facts of case, as stated by the counsel, are that the petitioner was transferred on 22.09.2025 from Government Senior Secondary School, Ralawata (District Dausa) to Government Senior Secondary School, Aarniya (District - Salumbar), which is about 650 km away from his present place of posting.
[2026:RJ-JP:13802] (2 of 3) [CW-5885/2026]
3.
Learned counsel submits that there is no justification for transferring him to a distant place. The petitioner is a heart patient and he has been recently treated with a stent in his heart. In view of the medical condition as stated in the appeal as well as in the writ petition, learned counsel prayed that his transfer order may be quashed. In support of his arguments, he cited following judgments: (i) Sultan Singh Sahu Vs. State of Rajasthan & Anr. and other connected matters, S.B. Civil Writ Petition No.18959/2025. (ii) Kuldeep Choudhary S/o Shri Om Prakash Vs. State of Rajasthan and Ors., S.B. Civil Writ Petition No.17207/2025. (iii) Radha v. State of Rajasthan and Ors., D.B. Spl. Appl. Writ no. 231/2026
4. Heard learned counsel and considered the material placed on record.
5. This Court is of the view that the fact of those cases cited by
learned counsel are not applicable to the facts of the present case. In case of Sultan Singh Sahu Vs. State of Rajasthan & Anr. and other connected matters vide order dated 16.10.2025 passed in S.B. Civil Writ Petition No.18959/2025, the transfer order was stayed on the account of the fact that the petitioner was suffering from blood cancer.
6. This Court has considered the impugned order dated 18.03.2026 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur, wherein, in paragraph 4, the learned Tribunal has noted that similarly situated persons, in various matters, who
[2026:RJ-JP:13802] (3 of 3) [CW-5885/2026] approached the Tribunal Court, were not granted any relief against their transfer orders, and that the Principal Seat at Jodhpur has also declined to interfere in the matters relating to transfer on similar grounds.
7. In view of the reasoned order passed by the learned Tribunal considering the orders of High Court of Rajasthan High Court at Jodhpur (Supra), and considering the aspect of past service of the petitioner, this Court is not inclined to interfere in the present matter.
8. In view of above, the present writ petition is dismissed.
9. The petitioner is granted liberty to submit a fresh representation, if he so desires and the respondents shall be at liberty to consider the same in accordance with law.
(RAVI CHIRANIA),J 244 - Ravi Khandelwal