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Judgment
This writ petition has been filed by petitioner challenging the transfer order dated 29.09.20219 (Annexure-5) whereby petitioner has been transferred
from District Alwar to District Jalore.
Co-ordinate Bench of this court on 03.12.2019 stayed the operation of the order dated 29.09.2019 qua the petitioner, which reads as under:-
The petitioner who is working as Principal has been transferred from Government Senior Secondary School, Tahtada, Block Raini Distt. Alwar to
Government Senior Secondary School, Ummadabad Distt. Jalore (Raj.).
(D.B. SAW/43/2020 has been filed in this matter. Please refer the same for further orders) Learned Counsel submits that the petitioner has been
posted at too far place and the people of the said district speak different dialect which is difficult to comprehend.
Issue notice to respondent No.3 returnable within four weeks. Mr. Ganesh Meena, AAG puts in appearance on behalf of respondent No.1 to 2.
Learned AAG submits that the transfer has been occasioned on account of administrative exigencies and no person has a vested right to remain in
one place.
I have considered the submissions and find that no administrative reasons have come forward to post the petitioner from Alwar to far off place viz.
Jalore.
It is noticed that the petitioner is resident of Alwar and would not be having fluency to understand the local dialect spoken in the far off district Jalore.
Rajasthan being the largest State in India, different dialects and languages are spoken in different districts. With regard to imparting education a
Principal who is required to perform administration and teaching work must know the local dialect for the purpose of good administration of the
concerned school.
Thus, a pragmatic approach is required to be adopted by the Government having nexus to the purpose sought to be achieved while posting teachers
and Principals to different schools in different districts and an attempt should always be made to transfer/make posting of teachers in the area where
they are able to understand the local dialect so that, they would be able to achieve the prime object to impart education to children and improve the
overall educational standard of the State.
Keeping in view of the above, prima facie order passed by the respondents does not conform to the said purpose as above and there seems to be a
complete non-application of mind and is whimsical.
Therefore, in the meanwhile, the effect and operation of the transfer order dated 29.09.2019 so far as it relates to the petitioner shall remain stayed.
The petitioner shall be allowed to continue at the place of posting where she was working prior to the passing of the transfer order (D.B.
SAW/43/2020 has been filed in this matter. Please refer the same for further orders) and shall also continue to draw salary of the said post.
Put up after four weeks.
Counsel for the petitioner submitted that the interim order passed by this court dated 03.12.2019 be made absolute.
Learned Additional Advocate General submitted that liberty be granted to pass fresh transfer order, if need so arises, in the administrative exigency.
In that view of the matter, the order dated 03.12.2019 is made absolute, however, the state respondent Nos. 1 and 2 are at liberty to pass fresh
transfer order of the petitioner, if need so arises. The writ petition is accordingly disposed of.