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2026 DAILYLAW 8460 (RAJ)

BANWARI LAL MEENA S/O SHRI BADRI NARAYAN MEENA v. STATE OF RAJASTHAN

CW/9286/2026 · 2026-05-27

Anand Sharma V J

Public Interest Litigationbody2026

Judgment text

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[2026:RJ-JP:22634] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9286/2026 Banwari Lal Meena S/o Shri Badri Narayan Meena, Aged About 45 Years, R/o Village Kushalpura Post Saiwar Tehsil Jamwaramgarh District Jaipur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education, Department, Govt. Secretariat, Jaipur 2. The Director, Secondary Education, Rajasthan Bikaner 3. The Principal, Govt. Senior Secondary School, Kolyana District Jaipur. 4. Shri Arjun Lal Meena, Principal At Govt. Senior Secondary School, Kolyana District Jaipur. ----Respondents For Petitioner(s) : Mr. Kapil Khandelwal, Adv. For Respondent(s) : Mr. Manoj Sharma, AAG with Mr. Vishal Kumar for respondents No.1 to3 HON'BLE MR. JUSTICE ANAND SHARMA Order 27/05/2026 1. Petitioner has filed the present writ petition feeling aggrieved by the transfer order dated 22.09.2025 issued by the Director, Secondary Education, Bikaner, whereby he has been transferred from Government Senior Secondary School, Kolyana, Jaipur to Government Senior Secondary School, Narsas, Sikar. 2. It is stated that the petitioner is holding the post of Principal in respondent-department. His wife Smt. Gayatri Meena is also working on the post of Principal in the same department and is posted at Government Senior Secondary School, [2026:RJ-JP:22634] (2 of 4) [CW-9286/2026] Kishanpura, District Jaipur. Whereas, the petitioner has been transferred vide impugned order in another district away from his wife’s posting, which is against the consistent policy of the State Government providing that, in case, husband and wife both are in Government service, then endeavour should be made to keep both of them at the nearest places. 3. It is further contended that feeling dissatisfied with the transfer order dated 22.09.2025, the petitioner preferred one S.B. Civil Writ Petition No.18232/2025 before this Court, which was disposed of by the Co-ordinate Bench of this Court vide order dated 25.11.2025, granting liberty to the petitioner to submit a representation to the respondents and at the same time, the transfer order as also relieving order of the petitioner were stayed till disposal of the representation. In pursuance of order passed by the Co-ordinate Bench of this Court, the petitioner submitted a detailed representation to the respondents; however, the same was rejected vide order dated 05.01.2026. 4. Learned counsel for the petitioner further contented that being dissatisfied by order dated 05.01.2026, the petitioner filed an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur (hereinafter to be referred as ‘the Tribunal’), which too was dismissed by the Tribunal vide order dated 01.05.2026. The petitioner challenged the transfer order as also order dated 01.05.2026. Hence, the petitioner has once again approach this Court by way of instant writ petition. 5. While pressing the writ petition, the petitioner relied upon order dated 01.12.2025 passed by Division Bench of this [2026:RJ-JP:22634] (3 of 4) [CW-9286/2026] Court in Harvinder Singh Vs. The State of Rajasthan & Ors. (D.B. Special Appeal Writ No.1723/2025) to argue that the Division Bench in the similar circumstances disposed of the aforesaid appeal directing the State Government to allow posting both husband and wife at the same place in any one District. 6. Heard and considered. 7. In view of the foregoing discussion, the limited grievance raised by the petitioner is that both he and his spouse are Government servants serving under the same Department and, as per the departmental policy, an effort ought to be made to post them at the nearest possible stations. It is contended that, in disregard of such policy, the petitioner has been transferred to another district, resulting in undue hardship and inconvenience to the family. 8. Having regard to the nature of the grievance, this Court considers it appropriate to dispose of the present writ petition by granting liberty to the petitioner to submit a fresh representation along with certified copy of this order to the Director, Secondary Education Department, Bikaner within a period of fifteen days from today, indicating his willingness to be posted at any place within the State of Rajasthan, preferably in the same district as his spouse, without insisting upon any particular station. In the event, such a representation is submitted, the Director, Secondary Education, shall consider the same in accordance with law and by applying the applicable policy, and pass a reasoned and speaking order within a period of one month, thereafter, with due [2026:RJ-JP:22634] (4 of 4) [CW-9286/2026] consideration to the claim of posting the husband and wife in the same district. 9. Till the said representation is decided, the petitioner shall be permitted to continue at the place where he was posted prior to issuance of the impugned transfer order. It is, however, made clear that, in case, the petitioner fails to submit the representation within the stipulated period, the interim protection granted herein shall automatically stand vacated upon expiry of fifteen days from the date of this order and the respondents shall be at liberty to give effect to the impugned transfer order in accordance with law. 10. Writ petition is disposed of accordingly. 11. Pending application(s), if any, shall also stand disposed of. (ANAND SHARMA),J DIVYA /516