1 S.B.CIVIL WRIT PETITION NO.6150/2007 Om Prakash Vs. State of Rajasthan Date of Order :: 5.9.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Vinay Jain, for the petitioner. ... By an order dated 10.9.2004 the petitioner a Laboratory Assistant was transferred from Government Senior Secondary School, Mirjewalimer to Government Senior Secondary School, Malarampura vise one Sh. Rajendra Kumar. Sh. Rajendra Kumar being aggrieved by the order dated 10.9.2004 preferred an appeal before Rajasthan Civil Services Appellate Tribunal, Jaipur and that came to be allowed on 29.11.2006 by holding the order of transfer as an outcome of malafides. By this petition for writ a challenge is given to the judgment dated 29.11.2006 passed by the learned Tribunal and the order dated 31.7.2007 passed by the District Education officer (Secondary), Hanumangarh making necessary compliance of the directions given by the Tribunal. At the first instance Sh. Rajendra Kumar, who preferred the appeal giving challenge to the order dated 10.9.2004 was a party to the proceedings, however, the petitioner got the writ petition dismissed as withdrawn against him on 25.2.2008. The order passed in this regard reads as follows: 2 “Learned counsel for the petitioner prays that the name of respondent No.4 may be deleted from the array of the respondents as petitioner does not want to press the writ petition against the said respondent. The prayer so made orally is accepted. The name of respondent No.4 is deleted from array of the respondents. Petitioner is directed to place amended cause title on record within a period of one week. List this matter on 04.03.2008.” It is well settled that no civil right already existing in favour of any person/party is required to be adjudicated in absence of that person/party. The petitioner at his own got this petition for writ dismissed against Sh. Rajendra Kumar, and therefore, now validity of the judgment passed by learned Tribunal in his favour must not be examined in his absence. Hence, this petition for writ is dismissed. However, dismissal of this petition for writ in no manner preclude the competent authority from effecting transfer of the petitioner and also aforesaid Sh. Rajendra Kumar if administrative exigency so warrants. (GOVIND MATHUR), J. Jgoyal ' 3