BADUR RAM KHILERI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS bunch of writ petitions, as per details given in the Schedule, are being disposed of by this common order.

(2.) BY these writ petitions, the only question raised before this Court is the jurisdiction of the Deputy Secretary of the Panchayati Raj Department ( Elementary Education), Govt. of Rajasthan, who passed the impugned transfer order dated 20/6/2010 transferring the petitioner-teachers from one place to another within the same Panchayat Samiti.

(3.) BEFORE embarking on the core question involved in the matter, it appears appropriate to dispose of the preliminary objection regarding availability of alternative remedy. Availability of an alternative remedy is not of absolute bar on exercise of writ jurisdiction by this Court; and then, in the matters of the present nature questioning the transfer orders specifically on the ground of violation of statute, there appears no reason to relegate the petitioners to the alternative remedy of appeal before the Tribunal. Noteworthy it is that at least two petitions in this batch have been filed after the concerned petitioner had approached the Tribunal and the appeal has been dismissed. In the overall view, the objection regarding alternative remedy in these matters deserves to be, and is, overruled.