JUDGMENT 1. - The petitioners are working as Teachers with Panchayati Raj Institutions within the jurisdiction of Zila Parishad, Pratapgarh. The Government of Rajasthan framed a policy regarding transfer of teachers working in different schools. As per the policy framed, the teachers working in "Restricted districts", those are Bikaner, Jaisalmer, Barmer, Jalore, Sirohi, Dungarpur, Banswara, Pratapgarh, Jhalawad and Baran shall not be transferred to any other district, than to a restricted district itself. Being aggrieved by the same, this petition for writ is preferred. 2. The submission of learned counsel for the petitioners is that as per Section 89 (8-A) of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994' hereinafter), the State Government may transfer any member of the Panchayati Raj Service from one Panchayat Samiti to another Panchayat Samiti, whether within the same district or outside it, from one Zila Parishad to another Zila Parishad, or from a Panchayat Samiti to a Zila Parishad or from a Zila Parishad to a Panchayat Samiti and may also stay the operation of, or cancel, any order of transfer made under Sub-section (8), or the rules made thereunder. As per Rule 290 of the Rajasthan Panchayati Raj Rules, 1996 (for short 'the Rules of 1996' hereinafter), an employee of Panchayati Raj Institution may desire for his transfer from one district to another district, thus, curtailment of such power and right by an administrative order is not permissible. 3. While meeting with the arguments advanced by learned counsel for the petitioners, it is submitted by Mr. R.L. Jangid, learned Additional Advocate General assisted by Mr. H.S.Bishnoi that the restricted districts are either in arid zone or are part of tribal area sub-plan, where the teachers are not available in adequate number, therefore, as a policy the Government has taken a decision not to transfer teachers outside the restricted areas.Heard learned counsel for the parties.5. The concern of the Government regarding maintenance of adequate number of teachers in arid zone as well as in tribal area sub-plan is quite genuine. True it is, in the areas aforesaid adequate number of teachers should be maintained, but it does not permit the Government to curtail a statutory right given under the Rules of 1996 to the employees of Panchayati Raj Institutions. True it is, in the areas aforesaid adequate number of teachers should be maintained, but it does not permit the Government to curtail a statutory right given under the Rules of 1996 to the employees of Panchayati Raj Institutions. As per Rule 290 of the Rules of 1996, an employee of Panchayati Raj Institution may desire for his transfer from one district to another and that is required to be considered by the State Government in accordance with law. Such right cannot be curtailed by the administrative instructions. Similarly, a power is also available with State as per Section 89(8-A) of the Act of 1994 to transfer the employees of the Panchayat Raj Institutions, and such a power cannot be restricted by administrative instructions.6. It is further relevant that the object of maintaining adequate number of teachers in the restricted areas can be achieved by effecting simultaneous transfers from non-restricted area to restricted area, instead of closing the entire process of transfer. It is also pertinent to note that no employee is having a right to be transferred from one district to another, the right given is only with regard to submit desire for such transfer, therefore, the State Government, if reaches at the conclusion that the transfer desired shall not be in administrative interest then it may take a decision accordingly, but in no case the right for consideration to be transferred can be curtailed and denied.7. The petition for writ, thus, is allowed. The condition imposed in the transfer policy with regard to not effecting transfers from restricted district to any other district is declared illegal. The respondents are directed to consider desire of the petitioners for transfer in accordance with law, if they so submit.Petition allowed. *******