MANJULATA BOHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this petition, the petitioners - teachers have challenged the impugned order dtd. 20.6.2010 (Annex. 1) passed by the Dist. Education Officer (Elementary Education)-cum-Additional Chief Executive Officer (Elementary Education), Jodhpur transferring 208 teachers from their present-place of posting stated in column No. 5 to new School where they were to be absorbed upon such transfer as stated in column No. 5 of the said order under Equalization Policy issued by the State Government for maintaining teachers -students ratio in the State of Rajasthan. The said order has been passed in compliance with the orders issued by the State Government passed on 15.4.2010 and 14.6.2010 by the Director, Elementary Education, Government of Rajasthan, Bikaner referred to in preamble of the said order dtd.20.6.20 10.

(2.) The only question raised by the learned counsels for the petitioners in the present writ petition is that : i) The said order dtd. 20.6.2010 is without jurisdiction because the same has been passed not by the Chief Executive Officer/Vikas Adhikari, but by the Dist. Education Officer-cum-Additional Chief Executive Officer and therefore, the order deserves to be quashed being in violation of Rule 289(3) of Rajasthan Panchayati Raj Rules, 1996.

(3.) They contended that the autonomy of the Panchayati Raj Institution to whom the work of primary Education in the rural area was assigned by the State Government and these matters were governed by the Rajasthan Panchayati Raj Act, 1994 and the Rules framed thereunder, namely, the Rajasthan Panchayati Raj Rules, 1996, is adversely affected by the said interference by the State Government in the form of passing of impugned order implementing the order of the State Government passed by the Director of the Elementary Education.