SUNITA YADAV WIFE OF SHRI VIJAY SINGH YADAV v. STATE OF RAJASTHAN
CW/19890/2025 · 2026-02-13
Anand Sharma
body2026
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[ 2026 DAILYLAW 20774 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20774 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:7097] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19890/2025 Sunita Yadav Wife Of Shri Vijay Singh Yadav, Aged About 53 Years, Resident Of D-1, Hasan Khan Mewati Nagar, Alwar (Raj.). ----Petitioner Versus
1. State Of Rajasthan, Through The Secretary To The Government, School Education Department, Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner (Raj.).
3. The District Education Officer (Headquarter), Secondary, Alwar, Rajasthan.
4. Principal, Government Senior Secondary School, Kakrali Mev, Alwar (Raj.).
5. Shri Rajesh Kumar Jain, Principal, Government Senior Secondary School, Dudaberi, Barmer. ----Respondents For Petitioner(s) : Mr. Dinesh Yadav For Respondent(s) : Mr. Vishal Kumar with Ms. Pooja Sharma for Mr. Manoj Sharma, AAG Mr. Pulkit Arora for respondent No.5 HON'BLE MR. JUSTICE ANAND SHARMA
Order 13/02/2026
1. It has not been disputed by either of the parties that when order dated 22.09.2025 was passed by the Director, Secondary Education Rajasthan, Bikaner, the interim order dated 25.04.2025 passed by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.6188/2025, was in operation and thus, the impugned order dated 22.09.2025 was passed undermining the authority of the order passed by this Court.
[2026:RJ-JP:7097] (2 of 3) [CW-19890/2025]
2.
Learned counsel for the petitioner indicates that S.B. Civil Writ Petition No.6188/2025, has been disposed of by this Court vide order dated 12.02.2026, which is reproduced as under:-
"1. By way of filing this writ petition, the petitioner has challenged order dated 12.04.2025,
whereby
petitioner
was transferred
from
Government
Senior Secondary School, Kakrali Mev, District-Alwar to Government Girls Senior Secondary School, Kalganv, District-Alwar.
2. Vide interim order dated 25.04.2025 passed by Co-ordinate Bench of this Court, the petitioner was allowed to continue on the post of Principal at Government Senior Secondary School, Kakrali Mev, District-Alwar and by virtue of interim order, the petitioner is still continuing at the present place of posting.
3. In view of above, the present writ petition is disposed of while maintaining the present position of posting of the petitioner with liberty to the respondent-Government to pass a fresh order of transfer, if so advised, strictly in accordance of law and, in case, the administrative exigency so arises.
4. Pending application(s), if any, shall stand disposed of."
3.
Learned counsel appearing for respondent No.5 submits that as the petitioner was not party to S.B. Civil Writ Petition No.6188/2025, and the impugned order dated 22.09.2025 has been passed by the official respondents, therefore, it was not his fault and he should not suffer for the mistake, if any, committed by the official respondents.
4.
Learned counsel submits that the post on which respondent No.5 was transferred was of Principal, whereas the petitioner is simply Vice Principal, hence, on merits, the petitioner
[2026:RJ-JP:7097] (3 of 3) [CW-19890/2025] has got no right to hold the higher post of Principal, when the other person is available holding the substantive post of Principal.
5.
Learned counsel for the petitioner seriously raises objections qua the statement made by learned counsel for respondent No.5 and submits that vide order dated 12.04.2025, the petitioner has also been promoted on the post of Principal in substantive capacity.
6. In view of above, where the earlier writ petition filed by the petitioner has already been disposed of vide order dated 12.02.2026, this writ petition is disposed of with liberty to the respondents to pass fresh order of transfer after giving due opportunity of hearing to both the petitioner as well as respondent No.5 and after examining the administrative exigency as well as eligibility to hold post by both the parties.
7. Pending application(s), if any, also stand(s), disposed of.
(ANAND SHARMA),J DIVYA /172