Madhya Pradesh High Court
Rakesh Kumar Bhargava vs The State Of Madhya Pradesh on 27 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:13032
1 WP-20919-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ASHISH SHROTI
ON THE 27th OF JUNE, 2025
WRIT PETITION No. 20919 of 2025
RAKESH KUMAR BHARGAVA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. D.P. Singh - Advocate for the petitioner.
Mr. S.S. Kushwah - Government Advocate for the State.
ORDER
The petitioner is aggrieved by the order dated 13.06.2025, whereby he
has been transferred from Government High School, Dabiya Kala, District
Shivpuri to Government High School, Sonera, District Ashoknagar, on
administrative grounds.
2. Learned counsel for the petitioner submits that besides other
grounds the main ground of challenge is that the petitioner's daughter is
studying in Class-XII and, therefore, the impugned transfer order has created
serious difficulty and would disturb the study of his daughter. The petitioner
placed reliance upon the decision of this Court in the case of Ripudaman
Singh Yadav Vs. State of M.P. and others passed in W.A.No.1141/2019 on
16/07/2019, whereby the Court issued certain instructions to the Government
in the cases, where the ward of the employees pursuing study particularly in
Class-XII.
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3. Learned counsel for the respondents on the other hand supports the
impugned order and submits that transfer has been made based upon the
administrative exigency. He further submits that personal difficulty
expressed by the petitioner cannot be a ground for interference by this Court
in this writ petition. He, therefore, submits that petition deserves to be
dismissed.
4. Considered the arguments and perused the record.
5. The Division Bench of this Court in the case of Ripudaman Singh
Yadav (supra) while dealing with somewhat similar situation observed as
under:-
"In the conspectus of the aforesaid
discussion, this Court is of the considered
view that the public servant whose children
are pursuing their career in the higher
secondary stage of education, ought not to be
disturbed barring emergent situation where
transfer cannot be avoided or deferred."
6. After observing so, the Division Bench issued certain directions to
State Government to the effect that while making transfers the aspect of
studies of wards of employees particularly studying in Class-XIth and XIIth
needs to be taken into account. The petitioner has already made
representation to respondent no.1 which is placed on record as Annexure P/7.
7. In view of the above, this writ petition is disposed off directing
respondent no.1 to consider the petitioner's representation and pass the
suitable order in this regard keeping in account the judgment passed by this
Court in the case of Ripudaman Singh Yadav (supra).
8. Let this exercise be done within a period of 30 days' from the date
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of furnishing of the certified copy of this order. The petitioner undertakes to
furnish the certified copy of this order to respondent no.1 within seven
working days from today.
9. Till the representation is decided, the petitioner's transfer by the
impugned order dated 13.06.2025 shall be kept in abeyance and he would be
allowed to work at the present place of his posting.
10. With the aforesaid, this writ petition is disposed off.
(ASHISH SHROTI)
JUDGE
bj/-
