1 S.B. CIVIL WRIT PETITION NO.9986/2010 Turrab Khan Vs. State of Rajasthan and Ors. DATE OF ORDER : 8.11.2010 HON'BLE MR. GOVIND MATHUR, J. Mr. C.P. Trivedi, for the petitioner. By the order dated 20.6.2010, the petitioner was transferred to Government Upper Primary School, Mela Darwaja, Pali from Government Upper Primary School, Bohro Ki Dhal, Pali. Subsequent thereto, under the order dated 30.8.2008, the petitioner was transferred from Government Upper Primary School, Mela Darwaja, Pali to Government Upper Primary School, Utwan, Pali. A petition for writ (SBCWP No.05423/2010) was filed by the petitioner before this Court to challenge the order of transfer dated 30.8.2010. The writ petition aforesaid came to be disposed of on 22.9.2010 with the following observations :- “The petitioner has not filed representation against the transfer. Considering the submissions made by the petitioner, it is considered expedient to dispose of this writ petition with direction to the petitioner to file appropriate representation to the competent 2 authority within a period of one week from today and the said authority is expected to decide the same by a speaking order within a period of next three weeks. It is only after such speaking order is passed and the same is adverse to the petitioner, that the petitioner is free to avail his legal remedy. For a period of four weeks, the operation of the impugned order dated 30.8.2010 Annex.2 qua the petitioner shall remain stayed. With the aforesaid directions, the writ petition is disposed of. Copy of this order be issued to the petitioner subject to removal of defects regarding court fee and stamp. Copy of this order be sent to the respondents forthwith.” The petitioner in pursuant to the order dated 22.9.2010 submitted a representation to the Deputy Director (Elementary Education), Jodhpur Zone, Jodhpur, that came to be decided under the order dated 11.10.2010. The submission of the learned counsel for the petitioner is that the respondents have not considered the ground No.4 taken in the representation that relates to frequent transfer of the petitioner. The Deputy Director (Elementary Education), Jodhpur Zone, Jodhpur under the order dated 11.10.2010 while rejecting the petitioner's averment in 3 para No.4 of his representation stated that the order impugned was passed by the competent authority and merely on the count the order is passed at some short interval, cannot be held bad. I do not find any wrong with the order of transfer. It is well settled that the Courts can interfere with an order of transfer if that is in violation of a statute or is an out-come of malafides or is shockingly arbitrary. True it is, the petitioner was transferred from Bohro Ki Dhal to Mela Darwaja in the month of June, 2010, but merely on that count, the order of transfer dated 11.10.2010 cannot be held bad. It is pertinent to note here that the Government Upper Primary School, Bohro Ki Dhan is at the place quite near to Pali town and the Government Upper Primary School is in Pali town itself. It appears that the petitioner just wants to retain himself in Pali town or a place just close to Pali. In view of whatever stated above, neither the order of transfer dated 11.10.2010 is bad nor its consideration under the order dated 11.10.2010 is erroneous. As such, the petition for writ is having no merit, therefore, the same is dismissed. (GOVIND MATHUR)J. RM/