1 S.B.CIVIL WRIT PETITION NO. 5253/2008 Sharda Kanwar Vs State of Raj. & Ors. Date of Order :: 20.10.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Pramendra Bohra, for the petitioner/s. Mr. Hemant Choudhary, for the respondents. ... By this petition for writ a challenge is given to the office order dated 21.7.2008 whereby the petitioner, a Teacher Gr.III, has been transferred in pursuant to some instructions given by the Collector, Jodhpur on 16.7.2008. The contention of learned counsel for the petitioner is that though the order impugned has been passed by the Block Primary Education Officer, Panchayat Samiti- Luni, Jodhpur but that was in compliance of the instructions given by the Collector, Jodhpur who is absolutely stranger with the issue regarding transfer of the petitioner. In reply to the writ petition the stand of the respondents is that the order of transfer has been passed by the competent authority, therefore, no interference of this Court is required under Article 226 of the Constitution of India. Nothing is said regarding the instructions given by the Collector for effecting transfers made under the order dated 21.7.2008. A bare reading of the order aforesaid makes it clear 2 that the transfers were made as per the instructions given by the Collector Jodhpur. In view of the fact that nothing is said by the respondents about competence of the Collector to issue instructions for transfer of the Teachers and also looking to the fact that an interim order is also operating in favour of the petitioner since July 2008, I consider it appropriate to quash the order of transfer to the extent it relates to the petitioner with a liberty to the respondents to pass fresh order of transfer in accordance with law, if that is at all necessary in administrative exigency. (GOVIND MATHUR), J. Jgoyal '