Smt. Alka Rao vs State & Ors on 17 October, 2008

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            S.B.CIVIL WRIT PETITION NO.4476/2008

                         Smt. Alka Rao
                               v.
                   State of Rajasthan & Ors.

       Date of Order              ::          17 th October, 2008


              HON'BLE MR.JUSTICE GOVIND MATHUR

Mr. Girish Sankhla, for the petitioner.
Mr. B.L.Bhati, for the respondents.
                         ....



            By an order dated 16.6.2008, the petitioner

was    transferred        from     Government         Senior     Secondary

School, Posalia to Government Girls Senior Secondary

School,     Sheoganj.       Her        transfer       from     Posalia    to

Sheoganj    was    made    at     her       own    request.    The   Deputy

Director,     Secondary         Education,         Jodhpur      passed   an

another     order       dated      28.6.2008          transferring       the

petitioner       from   Government           Girls    Senior     Secondary

School,     Sheoganj       to     Government          Senior     Secondary

School, Sheoganj and by the same order one Harun Khan

Chhipa     was      transferred             from     Government      Senior

Secondary     School,       Sheoganj          to     Government      Senior

Secondary School, Posalia.



            A challenge is given by the petitioner to

the order dated 28.6.2008 on the count that she has

been     transferred        from           Government    Girls       Senior

Secondary     School,       Sheoganj          to     Government      Senior

Secondary School, Sheoganj to accommodate respondent

No.4 Narayan Lal Khandelwal at Government Girls Higher
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Secondary    School,   Sheoganj,       who    is    working        at   the

school concern from last number of years.



            A reply to the writ petition has been filed

on behalf of the respondents stating therein that the

petitioner was transferred from Posalia to Sheoganj at

her own request, however, at Government Girls Senior

Secondary School,      Sheoganj       due to       excess     of   Senior

Teachers in the subject of Maths the petitioner was

accommodated in    the     same   town       at   Government Senior

Secondary School and as such the order impugned was

passed in administrative exigency. It is also pointed

out that only with a view to adjust the petitioner in

Sheoganj one Harun Khan Chhipa was transferred from

Government    Senior     Secondary       School,          Sheoganj       to

Government Senior Secondary School Posalia.



            In view of the factual position above stated

by the respondents, it is apparent that the transfer

of   the      petitioner      was        made       absolutely           in

administrative    exigency    and      not    for       any   extraneous

consideration.    This      Court      was        not     required       to

interfere with an order of transfer unless that is in

violation of a statute or is an out come of malafides.

No such exigency exists in present case. Thus, the

petition for writ deserves dismissal, hence dismissed.



                                              ( GOVIND MATHUR ),J.

kkm/ps.