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2008 DIGILAW 2618 (RAJ)

Kanta Garg v. State of Rajasthan

2008-12-01

GOVIND MATHUR

body2008
JUDGMENT 1. - Despite service, no body has put in appearance on behalf of the respondents. 2. By this petition for writ, a challenge is given by the petitioner to the order dated 25.06.2008, whereby she has been transferred from Government Primary School, Makkasar to Government Primary School, 28 LLW. Both the schools are within the jurisdiction of the same Panchayat Samiti. 3. It is stated by learned counsel for the petitioner that the State Government lacks competence to transfer a teacher of Panchayati Raj Institution within the jurisdiction of one Panchayat Samiti. Reliance is placed by learned counsel for the petitioner upon a judgment of this Court in the case of Ram Singh v. State of Rajasthan and others (SBCWP No. 6108/2007) decided on 18.02.2008 . 4. I have examined record of the case and am satisfied that the controversy involved in this petition for writ is no more res Integra in view of the judgment referred above. The transfer of the petitioner by the State Government from one school to another within the jurisdiction of same Panchayat Samiti is beyond the competence of the Government. 5. Accordingly, the petition for writ is allowed. The order dated 25.06.2008 passed by the Dy. Secretary to the Government of Rajasthan Department of Panchayati Raj (Elementary Education) to the extent it relates to the transfer of the petitioner stands quashed.Writ Petition Allowed. *******