MUKULIKA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up on application bearing Nos.1/2019, 3/2019 filed under Article 226(3) of the Constitution of India for vacation of the interim order dated 24.09.2019 and on application bearing No.4/2019 filed under Order-1 Rule-10 CPC read with Article 226 of the Constitution of India for deleting the applicant as party respondent No.4.

(2.) It is contended by learned counsels for the applicants who have preferred application Nos. 1/2019 and 3/2019 that petitioners have obtained stay order dated 24.09.2019 without impleading applicants as party. Applicants were necessary party as the petitioners had challenged the order of transfer and applicants were transferred in place of the posting of petitioners. It is contended that in the Writ Petition itself in Para No.3, petitioners have pleaded that incumbent principal who are standing at serial Nos. 14, 22, 2, 16, 18, 19, 21, 6 and 7 in the impugned transfer order dated 13.09.2019 have been transferred in place of the petitioners at their sole desire.

(3.) It is also contended that applicants have been transferred in place of the petitioners, it was incumbent upon the petitioners to have impleaded the present applicants and consequently, order dated 24.09.2019 has been passed without giving opportunity of hearing to the applicants, thus the stay order deserves to be vacated under Article 226 (3) of the Constitution of India.