Nisha Prajapat vs The State Of Madhya Pradesh Throgh ...
2025 Latest Caselaw 3875 MP

Madhya Pradesh High Court

Nisha Prajapat vs The State Of Madhya Pradesh Throgh ... on 13 August, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2025:MPHC-IND:21997




                                                                1                               WP-32086-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                            BEFORE
                                           HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                   ON THE 13 th OF AUGUST, 2025
                                                  WRIT PETITION No. 32086 of 2025
                                               NISHA PRAJAPAT
                                                    Versus
                           THE STATE OF MADHYA PRADESH THROGH PRINCIPAL SECRETARY
                                                 AND OTHERS
                           Appearance:
                                  Shri Prashant Upadhyay, learned counsel for the petitioner.

                                  Shri Mukesh Parwal, learned counsel for the respondent/state.

                                                                 ORDER

This is second round of the petitioner before this Court. The petitioner was transferred from Government Higher Secondary School No.1 Girls Khargone-NR-HSS, Block-Khargone, District-Khargone to Government Middle School, Machalpur, Block- Maheshwar, District-Khargone.

The said order was challenged in WP No.25354/2025. The petition was disposed of with liberty to the petitioner to file a detailed and comprehensive representation, and the competent authority was directed to decide the same.

By the impugned order, the representation of the petitioner has been rejected after affording opportunity of hearing to the petitioner.

Learned counsel for the petitioner argued that the petitioner has raised the point in the representation that her father-in-law is 85 years old, and the children are also studying. The transfer order would cause personal hardship to the petitioner.

Upon perusal of the impugned order, this Court finds that the authority has

NEUTRAL CITATION NO. 2025:MPHC-IND:21997

2 WP-32086-2025 considered the representation of the petitioner as per the transfer policy of the State Government. The personal difficulties cannot be a ground for interfering with the transfer order.

The scope of interference in the transfer matter under Article 226 of the Constitution of India is no longer res integra, as held by the Supreme Court in the cases of Gujarat Electricity Board and another vs. Atmaram Sungomal Poshani, (1989) 2 SCC 602; Union of India and others vs. S.L. Abbas, AIR 1993 SC 2444 and the judgment passed by the Division Bench of this Court in the case of R.S. Choudhary vs. State of M.P. and others, 2007(2) ILR MP Series 1329, the transfer is an incidence of service and the transfer order can only be interfered by the Courts of law if the transfer is issued in violation of the statutory rules or the order suffers from malafide exercise of power. The petitioner has been transferred on

administrative ground within the district itself. There is no illegality in the rejection of the representation.

In view of the aforesaid, no case is made out for interference under Article 226 of the Constitution of India.

Accordingly, the petition is hereby dismissed.

(VIJAY KUMAR SHUKLA) JUDGE

Sourabh