Sheetal Singh Dangi vs State Of M P Throgh Its Principal ...
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Madhya Pradesh High Court

Sheetal Singh Dangi vs State Of M P Throgh Its Principal ... on 13 August, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2025:MPHC-IND:21986




                                                             1                                WP-32038-2025
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 13th OF AUGUST, 2025
                                               WRIT PETITION No. 32038 of 2025
                                            SHEETAL SINGH DANGI
                                                    Versus
                            STATE OF M P THROGH ITS PRINCIPAL SECRETARY GENERAL
                                  ADMINISTRATIVE DEPARTMENT AND OTHERS
                          Appearance:
                                  Shri Prashant Upadhyay - Advocate for the petitioner.
                                  Shri Mukesh Parwal - G.A for the respondent/State.

                                                                 ORDER

This is second round of the petitioner before this Court. Petitioner who is working as Middle School Teacher at Sandipani Vidyalaya, CM Rise School, Dhulkot, Block Bhagwanpura, District Khargone was transferred to Govt. School, Block Jhiranya, District Khargone by order dated 17/6/2025. He challenged the said order in W.P No.26359/2025. The said petition was disposed of with liberty to the

petitioner to file a detailed and comprehensive representation before the respondent No.4 and the respondent No.4 was directed to decide the same within period of 30 days by passing a reasoned and speaking order.

By impugned order dated 2/8/2025, the representation of the petitoner has been rejected.

Counsel for the petitioner argued that the transfer of the petitioner from CM Rise School was contrary to the condition of the advertisement. In

NEUTRAL CITATION NO. 2025:MPHC-IND:21986

2 WP-32038-2025

compliance to the order passed by the Court, the petitioner submitted a representation, Annexure P-10 dated 14/7/2025.

Upon perusal of the of the said representation, this Court finds that the aforesaid point was not raised in the representation. Since the point was not raised in the representation, the authority was not supposed to decide the same. The impugned order further states that an opportunity of hearing was given to the petitioner. Thus, this Court does not find any illegality rejecting the representation of the petitioner. Even otherwise, the petitioner has been transferred within the district and the transfer order has been issued on administrative ground. Law relating to scope of interference in the transfer matter is no longer res integra, as held by the Supreme Court in the cases of

Gujrat 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 a 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.

Accordingly, present petition stands dismissed.

(VIJAY KUMAR SHUKLA) JUDGE

PK