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Rajasthan High Court - Jodhpur

Noor Mohammad Khan vs State Of Rajasthan (2026:Rj-Jd:7288) on 10 February, 2026

Author: Nupur Bhati

Bench: Nupur Bhati

[2026:RJ-JD:7288]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 2857/2026

Noor Mohammad Khan S/o Shri Bhanwroo Khan, Aged About 35
Years, R/o Ramjan Ji Ka Hatha, Jodhpur (Rajasthan)
                                                                         ----Petitioner
                                         Versus
1.       State       Of    Rajasthan,          Through          Principal   Secretary,
         Department Of School Education, Secretariat, Jaipur
         (Rajasthan)
2.       Director, Secondary Education, Bikaner (Raj.)
3.       District Education Officer, Secondary Education, Jodhpur
         (Rajasthan)
4.       Principal,       Government              Senior        Secondary      School,
         Devatada, District Jodhpur (Rajasthan)
                                                                      ----Respondents


For Petitioner(s)              :     Mr. Binja Ram
For Respondent(s)              :     Mr. Rajendra Singh Bhati for Mr.
                                     Sajjan Singh Rathore, AAG



               HON'BLE DR. JUSTICE NUPUR BHATI

Order

10/02/2026

1. This writ petition has been filed by the petitioner with the

following reliefs:-

"[A] That the impugned order dated 10.01.2026 (Annex. 1) qua the petitioner may kindly be quashed and set aside, and the respondents may kindly be directed to allow the petitioner to work on his post and place i.e. Government Senior Secondary School, Devatada District Jodhpur; and [B] Any other further and consequential relief(s) which this Hon'ble Court deems fit in favour of the petitioner may also kindly be granted."

2. Brief facts of the case are that the petitioner was initially

appointed as Senior Teacher in the respondent department and

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was posted at Government Senior Secondary School, Pratap

Nagar, Jodhpur. On 12.04.2025, the petitioner was promoted to

the post of School Lecturer Grade-I (Chemistry) and posted at

Government Senior Secondary School, Devatada, District Jodhpur.

On 10.01.2026, the respondents without assigning any

administrative exigency and without posting any other person in

place of the petitioner, transferred the petitioner from Government

Senior Secondary School, Devatada, District Jodhpur to

Government Senior Secondary School, Marholi, District Dhaulpur,

which is situated at a distance of about 600 kilometers. On

20.01.2026, the petitioner preferred an appeal before the

Tribunal, however, the Tribunal, without adjudicating the matter on

merits, merely directed the respondents to consider the

petitioner's case. Hence, in these circumstances, the present writ

petition is being filed for quashing and setting aside the transfer

order dated 10.01.2026 (Annexure-1), whereby the petitioner has

been transferred.

3. Learned counsel for the petitioner submits that the petitioner

has been subjected to two transfers within a short period as the

first transfer was made by the order dated 12.04.2025 (Annex-2)

and now again the petitioner has been transferred vide office

order dated 10.01.2026 (Annex-1). He also contents that the

impugned transfer order dated 10.01.2026 (Annex-1) has been

passed in the midst of academic session. He submits that the

petitioner has been transferred from Government Senior

Secondary School, Devatada, District Jodhpur to Government

Senior Secondary School, Marholi, District Dhaulpur i.e. at a

distance of about 600 kms from the present posting. Learned

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counsel for the petitioner also places reliance upon the order

dated 24.11.2025 passed by the Co-ordinate Bench of this Court

at Jaipur Bench in SBCWP No.17757/2025 titled as (Hargovind

Meena Vs. Secretary, School Education Department,

Rajasthan Bikaner & Ors), while submitting that the transfer

orders were quashed by the Co-ordinate Bench taking into

consideration that the transfer orders were made during the midst

of the academic session.

2. Learned caveator for the respondent-State submits that the

office order dated 10.01.2026 (Annexure-1) cannot be termed as

a transfer, as the petitioner, upon being promoted from the post of

Senior Teacher to School Lecturer Grade-I (Chemistry), was given

posting at Government Senior Secondary School, Devatada,

Jodhpur. He further submits that the present order dated

10.01.2026 has been passed on account of administrative

exigency. He submits that the Co-ordinate Bench of this Court,

vide order dated 05.02.2026, in the case of Radha v. State of

Rajasthan & Ors., passed in SBCWP No. 879/2026 along with

other connected matters, disposed of the writ petitions after

taking into consideration the contention of the petitioners that

transfers cannot be effected in the middle of the academic

session. The Co-ordinate Bench also relied upon the decision

rendered in Sultan Singh Sahu v. State of Rajasthan & Anr.,

passed in S.B. Civil Writ Petition No. 18959/2025, and also

considered the case of Hargovind Meena (supra). The order

penned in the case of Radha (Supra) is reproduced hereunder:-

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"17) In the result, the present writ petitions are disposed of in the same terms as passed in Sultan Singh's case, which is reiterated as under:

(i) This Court is not inclined to interfere in the orders of transfer;

(ii) The liberty is to the petitioners who are claiming preferential rights either under the executive instructions/transfer policy or who are retiring within two years or persons suffering with disability to make representations. Such representations shall be filed only after joining in the transferred post. Any such representations are filed, the same shall be considered within a month keeping in view the executive instructions/transfer policy vis-a-vis administrative needs.

(iii) Other petitioners who are claiming various preferential rights under the above executive instructions/transfer policy are given liberty to make a representation in the upcoming general transfers, if any. If any such representations are made, the respondent-authorities shall consider the same according to the policy as well as administrative needs.

18)In the circumstances, no order as to costs.

19) Pending interlocutory applications, if any, shall stand disposed of."

3. Having regards to the submission made by the counsel for

the parties, this Court finds that the issue involved in the present

writ petition is squarely covered by the Co-ordinate Bench of this

Court vide order dated 05.02.2026 in the case of Radha Vs.

State of Rajashthan & Ors in which order passed in S.B. Civil

Writ Petition No. 18959/2025 Sultan Singh Sahu vs. State of

Rajasthan & Anr. has also been referred and considered, as the

contention that the transfer order cannot be passed in the midst of

Academic Session has been dealt in it. Further, the petitioner has

not alleged malafide and thus transfers order passed on account

of administrative exigency limits the scope of of interference under

Article 226 of the Constitution of India. The Hon'ble Apex Court

has also deprecated interference in transfer orders without due

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consideration of the circumstances under which such interference

may be warranted. The writ petition is disposed of in the same

terms as passed in Sultan Singh's Case (Supra), which is

reiterated as under:-

(i) This Court is not inclined to interfere in the orders of

transfer;

(ii). The liberty is to the petitioner who is claiming

preferential rights either under the executive

instructions/transfer policy or who is retiring within two

years or persons suffering with disability to make

representation. Such representation shall be filed only after

joining in the transferred post. Any such representations is

filed, the same shall be considered within a month keeping in

view the executive instructions/transfer policy vis-a-vis

administrative needs.

(iii) Other petitioners who are claiming various preferential

rights under the above executive instructions/transfer policy

are given liberty to make a representation in the upcoming

general transfers, if any. If any such representations are

made, the respondent-authorities shall consider the same

according to the policy as well as administrative needs.

4. Stay petition as well as all pending applications, if any, also

stand disposed of.

(DR. NUPUR BHATI),J surabhii/14-

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