LAWS(RAJ)-2007-9-83

SARLA BHARGAVA Vs. STATE

Decided On September 27, 2007
Sarla Bhargava Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By way of this writ petition, the petitioner seeks to challenge the order dated 07.08.2007 (Annex.1), whereby she has been transferred from Government Girls Senior Secondary School, Makrana, Nagaur to Government Girls Senior Secondary School, Jayal, Nagaur essentially on the submissions that she has been treated in a stigmatic manner; and that the transfer order is the outcome of mala fide acts on the part of the respondents.

(2.) Upon this Court expressing reservations on the competence of this writ petition for the petitioner having specific alternative remedy of filing an appeal before the Rajasthan Civil Services Appellate Tribunal, learned Counsel for the petitioner strenuously urged that on the facts and in the circumstances of this case, where the petitioner has regularly been harassed, when she is on the verge of retirement, and when the transfer order is the outcome of mala fide acts of the respondents, the matter deserves to be considered in the writ jurisdiction of this Court.

(3.) Having examined the matter in totality, this Court is clearly of opinion that there is no reason or special circumstance for which the petitioner could be permitted to by-pass the alternative remedy of filing appeal before the Tribunal.