CW 15054/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.15054/2010 Smt. Nanki Vardhani Versus RCSAT & Ors Date of Order ::: 10/11/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Ashish Saksena, for petitioner. Instant petition has been filed against order dt.28/10/2010 whereby learned Tribunal while issuing notices of appeal -2885/2010 preferred by petitioner herein against order of transfer, declined to grant any interim relief at the stage of admission. Petitioner while serving as Teacher Gr.III since July, 2005 in Govt. Upper Primary School Nakamdar (Ajmer) to Junda, Tyod Silora (Ajmer) within same district vide order dt.26/09/2010 (Ann.1) – against which she preferred appeal wherein one of the contentions was that respondent-DEO (Ele.Edu) was not competent to transfer respondent-5 (Shabnam Bano) herein vice petitioner and the order impugned being passed to accommodate respondent-5 is arbitrary and in violation of S.84(10) of Rajasthan Panchayatiraj Act, 1994. The learned Tribunal while issuing notices, and declining to grant interim relief, took note of the fact of petitioner having remained posted since July, 2005 at one place from which she has been transferred vide order impugned within district at a distance CW 15054/10 //2// of 70 kms. The submission of petitioner that the DEO was not competent to transfer respondent-5 vice petitioner and that being reason, the action is malafide, is wholly without substance. The petitioner & respondent-5 are holding the post of Teacher Gr.III and present petitioner has been transferred by the DEO who indisputably holds the competence and the petitioner cannot have lis against respondent- 5, who is holding the post of Teacher and both are members of Rajasthan Subordinate Education Service Rules 1971. Judgment in Dr.Vijay Laxmi Sharma Vs. State (2005(2) WLC (Raj.) 690) has no application in the facts of instant case for the reason that in a given case, respondent was transferred vice writ petitioner holding lower post and there was no such post on which he could have been accommodated; and in fact he was transferred against higher post, that was the reason for holding the action to be arbitrary, which is not the case herein. Taking note of of submissions made, this Court does not find any substance even on merits in regard to what has been urged on behalf of petitioner before the Tribunal. Consequently, writ petition fails and is hereby dismissed. A copy of this order be sent to the Tribunal. (Ajay Rastogi), J. K.Khatri/p2/ 15054CW2010Nov10DsTrnsIntrm.doc