Rajasthan High Court - Jodhpur
Ayoub Mohammed vs State Of Rajasthan ... on 6 April, 2023
Bench: Dinesh Mehta
[2023/RJJD/009155]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10245/2018
Ayoub Mohammed S/o Niyaj Mohammed, Aged About 52 Years,
Village/post Padawali (Kalla), Tehsil Gogunda, District Udaipur
(Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Secondary Education, Government Of Rajasthan,
Secretariat, Jaipur
2. Director, Secondary Education Department, Bikaner,
Rajasthan
3. District Education Officer, Secondary Education
Department, Udaipur, Rajasthan
4. District Education Officer, Elementary Education
Department, Udaipur, Rajasthan
----Respondents
For Petitioner(s) : Mr. Tanwar Singh Rathore
For Respondent(s) : Mr. Sarwan Kumar for Mr. Hemant
Choudhary
JUSTICE DINESH MEHTA
Order
06/04/2023
1. The present writ petition has been filed with a prayer for
quashing of the Absorption/Transfer order dated 16.06.2018
whereby, the petitioner had been transferred.
2. 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:
[2023/RJJD/009155] (2 of 3) [CW-10245/2018]
"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 grievance qua the
issues other the authority of the DEO (Hqrs),
Secondary Education."
3. Learned counsel for the petitioner does not refute the
above position but he 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.
4. Learned counsel for the petitioner has relied upon the
judgment passed in S.B. Civil Writ Petition No.
16671/2015 : Surendra Kumar Bhatt & Ors. v. State of
Rajasthan & Ors.
5. 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
[2023/RJJD/009155] (3 of 3) [CW-10245/2018]
betaken 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"
6. In view of the ratio as laid down in Babu Lal Puniya's
case(supra), while making the interim orders passed in the writ
petition absolute, the present writ petition is disposed of.
7. 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.
8. All pending applications also stand disposed of.
(DINESH MEHTA),J
288-Ramesh/-
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