Ajay Rastogi, J. - (1.) THE Petitioner who is working as Head Master, as per his own saying after remained posted for three years in Government Upper Primary School, Girdharpura, Bhilwara has been transferred to Government Upper Primary School, Rajpura, Bhilwara which is at a distance of about 80 kms vide order dt.30.08.2010, against which he filed appeal before the Tribunal. However, while issuing notices and admitting the appeal since interim order as prayed for was declined vide order dt. 07.10.2010 the Petitioner approached this Court by filing instant petition.
(2.) THE main thrust of the submissions of the counsel is that what has been observed by the Tribunal under the order impugned dt.07.10.2010 tantamount to final disposal of the appeal itself not even the grant of interim stay which has been declined and in view of the observations made nothing remained to be decided in the main appeal. After hearing counsel for the Petitioner and perusal of the order impugned this Court also finds substance that in the light of what has been observed by the Tribunal under the order impugned dt.07.10.2010 no purpose is going to serve in keeping the appeal pending. However, this Court considers it appropriate to grant opportunity to the petitioner to make submissions on merits.
(3.) COUNSEL submits that Petitioner has been transferred from Girdharpura, Bhilwara to Rajpura, Bhilwara for which the Deputy Director (Primary) Education, Zone -Ajmer is not competent and apart from it, the order of selection scale was issued from the office of Deputy Director, Secondary Education, Zone -Ajmer and under these circumstances, he cannot be said to be a authority competent to pass the order transferring the Petitioner.;