Rajasthan High Court - Jodhpur
Manaram Patel vs State Of Rajasthan on 27 April, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9905/2018
Manaram Patel S/o Durgaji, Aged About 50 Years, Adkaliya,
Tehsil (Ph), District Udaipur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, through The Secretary, Department
Of Secondary, Education, Government Of Rajasthan,
Secretariat, Jaipur.
2. Director, Secondary Education Department, Bikaner
3. District Education Officer, Secondary Education
Department, Udaipur
4. District Education Officer, Elementary Education
Department, Udaipur
----Respondents
Connected With
S.B. Civil Writ Petition No. 8861/2018
Hemandar Dutt Rawal Father/o Nanda Lal Rawal, Aged About 54
Years, V/p Jhadol, Tehsil Jhadol (Ph.), District Udaipur,
Rajasthan.
----Petitioner
Versus
1. State Of Rajsthan, through The Secretary, Department Of
Secondary Education, Government Of Rajasthan,
Secretariat, Jaipur
2. Director, Secondary Education Department, Bikaner.
3. District Education Officer, Secondary Education
Department, Udaipur.
4. District Education Officer, Elementary Education
Department, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 8896/2018
Krishan Gopal Paneri S/o Shri Govind Ram Paneri, Aged About
48 Years, V/p Jhadol, Tehsil Jhadol (Ph.), District Udaipur,
Rajasthan.
----Petitioner
(2 of 5) [CW-9905/2018]
Versus
1. State Of Rajsthan through The Secretary, Department Of
Secondary Education, Government Of Rajasthan,
Secretariat,
2. Director, Secondary Education Department,
3. District Education Officer, Secondary Education
Department,
4. District Education Officer, Elementary Education
Department,
----Respondents
S.B. Civil Writ Petition No. 8914/2018
Pushpa Mishra Spouse/o Kirti Kumar Shukla, Aged About 50
Years, V/p Jhadol, Tehsil Jhadol (Ph.), District Udaipur,
Rajasthan, through Her Husband Mr. Kirti Kumar Shukla Aged
About 53 Years, As She Is Presently Suffering From The Severe
Malaria.
----Petitioner
Versus
1. State Of Rajsthan, through The Secretary, Department Of
Secondary Education, Government Of Rajasthan,
Secretariat, Jaipur
2. Director, Secondary Education Department,
3. District Education Officer, Secondary Education
Department,
4. District Education Officer, Elementary Education
Department,
----Respondents
S.B. Civil Writ Petition No. 9305/2018
Kavita Lalas Spouse/o Shri Arvind Singh, Aged About 22 Years,
Narpada, Tehsil Jalore, District Jalore.
----Petitioner
Versus
1. The State Of Rajasthan, through The Secretary,
Deparmtent Of Education, Jaipur.
2. The Secretary, Department Of Panchayati Raj,
Government Of Rajasthan, Jaipur.
3. The Director, Secondary Education, Bikaner.
(3 of 5) [CW-9905/2018]
4. The District Education Officer, Secondary Education,
Jalore.
----Respondents
For Petitioner(s) : Mr. Tanwar Singh
Mr. Vikram Singh for
Mr. S.S. Rathore
For Respondent(s) : Mr. Sarvan Kumar for
Mr. Hemant Choudhary
HON'BLE MS. JUSTICE REKHA BORANA
Order
27/04/2022
The present writ petitions have been filed with a prayer for
quashing of the list issued on 16.06.2018 qua the petitioners.
Learned counsel for the respondents states that the
controversy involved in the present matters has been decided in
S.B. Civil Writ Petition No.9282/2019 : Babu Lal Puniya v.
State of Rajasthan & Ors. In Babu Lal Puniya case (supra), it
had been held as under:
"From the above operational guidelines, it is
apparent that it is only the DEO (Hqrs),
Secondary Education, who has the jurisdiction to
pass the orders for transfer of the petitioners
from Primary Education to Secondary Education
and accord postings being their appointing
authority and, therefore, entire petition based on
the submission regarding lack of jurisdiction, has
no substance.
Consequently, the writ petitions filed by the
petitioners are dismissed leaving it open for
them to approach the Rajasthan Civil Services
Appellate Tribunal, in case they have any
(4 of 5) [CW-9905/2018]
grievance qua the issues other the authority of
the DEO (Hqrs), Secondary Education."
Learned counsel for the petitioners does not refute the above
position but they make a specific submission that the compliance
of Rule 6D of the Rules of 1971 has not been made in the present
matter and the respondents be directed to make the compliance of
the same.
Learned counsel for the petitioners has relied upon the
judgment passed in S.B. Civil Writ Petition No. 16671/2015:
Surendra Kumar Bhatt & Ors. v. State of Rajasthan & Ors.
In Surendra Kumar Bhatt's case (supra), the following
observation had been made by the Court:
"Accordingly, while not interfering in the
impugned order for the reasons given above,
the writ petitions are disposed of with the
direction to the respondents to look into the
seniority of all teachers, so transferred. If any
senior teacher is left out and at the same time,
junior teacher has been transferred, then they
are directed to correct the order within a
period of four weeks from the date of receipt of
copy of this order.
It is made clear that compliance of the
directions given by this Court would be made
in strict terms and while revising the list, if so
required. It would be in strict adherence to the
provisions of Rule 6D of the Rules of 1971 and
in future also, similar exercise would not be
taken in violation of the said rule, otherwise
the Department is directed to fix the
responsibility of the officer concerned so that
litigation may not come on account of violation
of Rule 6D of the Rules of 1971."
(5 of 5) [CW-9905/2018]
In view of the ratio as laid down in Babu Lal Puniya's case
(supra), while making the interim orders passed in the writ
petitions absolute, the present writ petitions are disposed of.
The respondents would be at liberty to pass fresh transfer
orders in light of the subsequent judgments. It is made clear that
the adherence to the provisions of Rule 6C of the Rajasthan
Education State and Subordinate Services Rules, 2021 (akin to
Rule 6D of the Rules of 1971) would be strictly made as laid down
in the case of Surendra Kumar Bhatt.
All pending applications also stand disposed of.
(REKHA BORANA),J
42 to 46-Dharmendra/-
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