Rajasthan High Court: A division bench of Akil Kureshi CJ and Madan Gopal Vyas J. dismissed the petition stating that nothing would come in the way of the petitioner in seeking inter-district transfer if the Government rules and regulations recognize any such policy.

The facts of the case are such that the petitioner was selected for the post of PTI Grade-II by the State Government in Jhunjhunu district. It appears that the select list was reshuffled on account of litigation and consequent Court orders. The State Government thereupon issued a circular to give effect to the reshuffling of the select list wherein it states that those candidates, who on account of such reshuffle are being included in the select list, would be called for counseling for allotment of appropriate district. This counseling would not be necessary for the PTI already appointed. Some aggrieved persons filed Civil Writ Petition which was dismissed permitting those petitioners to make a representation to the authorities. The authorities thereupon issued a fresh circular that those representations in which the request for movement within district are made, may be considered. However, the request for inter-district transfers would not be accepted. The aggrieved petitioner thereupon approached the High Court contending that less meritorious persons have been accommodated in Alwar district, whereas she is sent to Jhunjhunu. The present appeal was filed by the original petitioner to challenge the impugned judgment.

The Court relied on judgment Nirmla Jat v. State of Rajasthan , S.B. Civil Writ Petition No.5753/2020, decided on 14-9-2020 and observed that the question of appointment or absorption in particular district, division or zone at the time of recruitment is essentially for the convenience of the selected candidate but this always is subject to administrative exigencies. No person has a vested right to be posted at a particular place. The selections and recruitments must attain finality. Posting orders which are consequential to such selection and recruitment also must not be allowed to be raised after a reasonable period of time. Accepting such request for inter-district transfer can lead to chain reaction and at times considerable administrative difficulties.

The Court observed and held that the transfer liability of the cadre of teachers was reckoned division-wise. Accordingly, the observations were made for the movement of teachers within division. In the present case, we are concerned with the post of PTI Grade-III where the cadre is maintained district-wise. The learned Single Judge was of the opinion that the observations and directions of the Court in the case of Nirmala Jat (supra) therefore have to be suitably modified for adoption in the present case. Thus, the petitioner did not have choice of inter-district transfer and the communication of the authority dated 12.10.2021 not accepting any such representation for inter-district transfer was correct.

[Soniya Burdak v. State of Rajasthan, 2022 SCC OnLine Raj 412, decided on 04-02-2022]


For Appellant(s): Mr. Vikram Singh Bhati

Arunima Bose, Editorial Assistant has reported this brief.

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