IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4566/01 Nausad Ali & Ors. vs. State & Ors. Date of order : 5/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri J.K. Yadav for the petitioners. Shri Hemant Gupta, Additional Government Counsel for the State. ****** This writ petition has been filed way back in the year 2001 by as many as 34 Teachers with the apprehension that the respondents in pursuance of their policy of rationalization may shift them outside. Shri J.K. Yadav, learned counsel for the petitioners submitted that the policy of rationalization as contained in Circular dated 12.12.2000 was wholly arbitrary and illegal and in fact such policy had no rationale at all. According to the petitioners, this policy sought to lay down the guidelines for the ratio between teachers and students to be maintained in every school and provided with one Teacher would be posted in school having 49 teachers and thereafter for additional batch of 40 students, one more Teacher would be posted but in doing so such of the candidates who secured first division in their previous year examination were liable to be excluded. The learned counsel submitted that this issue was raised before Principal Seat of this Court by Rajasthan Shikshak Sangh (Pragatti Sheel) in Writ Petition No.3683/2000 which was disposed of by the Court vide judgement dated 19th October, 2000 with direction to the Secretary Department of Education, Government of Rajasthan, Jaipur to look into the matter and pass appropriate order and if necessary to place the same before the Chief Secretary of the State, on the question of correctness of the policy. This writ petition was filed way back in the year 2000 and the judgment on which reliance has been placed by the learned counsel itself has been passed in 2000 and since than the petitioners have been continuing at the place of their posting on account of the status quo order passed by this Court on 19.9.2001. Petitioners who are government servant holds a transferable post, they cannot resist the order of transfer and in the garb of doing so, they cannot certainly question the policy of rationalization of the government, but in any case, the issue need not be gone into further because already the Court once impressed upon the respondents to examine the matter and that the order was passed in 2000. More than 8 years have gone by since than. No fresh order need be passed by this Court on the subject matter. The writ petition is accordingly dismissed. (MOHAMMAD RAFIQ), J. RS/