Pradeep Kumar vs State Of Rajasthan
2021 Latest Caselaw 9186 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 5944/2021

Pradeep Kumar S/o Kishan Lal, Aged About 34 Years, R/o Plot No. 72, Sahi Vihar Colony, Chandmari Road, Abu Road, District Sirohi.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Department Of Elementary Education, Secretariat, Rajasthan, Jaipur.

2. The Director, Elementary Education, Govt. Of Rajasthan, Bikaner.

3. The District Education Officer, (H.q) Elementary Education, Sirohi.

4. District Collector, District Sirohi.

----Respondents

For Petitioner(s) : Mr. Pramendra Bohra

JUSTICE DINESH MEHTA

Order

09/04/2021

1. Mr. Bohra, learned counsel appearing for the petitioner

challenging the order dated 01.04.2021, whereby petitioner has

been transferred to Government Primary School, Chorvav submits

that the petitioner is Teacher Grade-III Level-2 and thus, cannot

be posted in a Primary School. In support of his contention

aforesaid, learned counsel relies upon Division Bench judgment

rendered in the case of Kailash Chandra Harijan & Ors. Vs. State

of Rajasthan & Ors. reported in 2006(1) CDR 750 (Raj.) (DB).

2. It is also argued by Mr. Bohra that the order impugned has

been passed at the instance of direction issued by the District

(2 of 2) [CW-5944/2021]

Collector, Sirohi, who is not the competent authority in relation to

posting of teachers.

3. Matter requires consideration.

4. Issue notice. Issue notice of the stay application also,

returnable within six weeks.

5. Meanwhile, effect and operation of order dated 1.4.2021 qua

the petitioner shall remain stayed.

(DINESH MEHTA),J 131-Amar/-

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