CW 13563/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.13563/2009 Vazid Khan Versus State & Ors Date of Order ::: 30/10//09 Hon'ble Mr. Justice Ajay Rastogi Mr. Sanjay Mehla, for petitioner Petitioner, as it appears from the record, was appointed as Siksha Sahyogi vide order dt.12/02/08 and while being posted in Anjuman Islamiya Secondary School, Mirza Mohallah Sawai Madhopur, some inquiry was initiated – on the premise whereof, after holding independent inquiry, initially was placed under awaiting posting orders and has now been shifted to Madarsa Islamiya School, Pachchipura Sawai Madhopur vide order dt. 05/10/09 (Ann.6) impugned herein. Counsel submits that since the petitioner was appointed in the institution (Regn.875), the Madrsa Board does not hold any authority to shift him from one Madarsa to the other. Counsel further submits that even on representation made, Chairman of the Board thereon observed that petitioner may be allowed to continue as Para teacher in such circumstances, shifting him from one Madarsa to the other is unjustified. CW 13563/09 //2// No provision has been brought to the notice of this Court, which debars the authority in shifting him from one Madarsa to the other and even the Chairman as per Note endorsed on his representation observed for his continuance as Shiksha Sahyogi and holding inquiry thereof. Even vide order impugned petitioner has been allowed to continue as Para Teacher while under awaiting posting order but shifted from one Madarsa (Reg.no.875) to the other (Reg.No.1075) that too within Sawai Madhopur City, itself. In the absence of provisions to the contrary, more so when inquiry was pendente, he was allowed to continue in the same school where he was posted; however, certainly after holding an independent inquiry the Board is very much competent to shift the petitioner to the other institution as alleged for holding a fair & independent inquiry. This Court does not find justification to interfere U/Art.226 of the Constitution. Consequently, writ petition being devoid of merit is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/ 13563CW09Oct30-DsTrnsMdrsa.doc