Vineet Kothari, J. - (1.) IN the present set of writ petitions, the Teachers Grade III are before this Court in a batch of writ petitions and more than one joining in one writ petition also, who are working in various Government Schools in rural areas under the different Panchayati Samitis and who have been transferred from one place to another within the same Panchayati Samiti by a common order passed by the Dist. Education Officer (Elementary Education) of different Districts on 20.6.2010 and 22.7.2010. They have challenged the jurisdiction of the said authority to pass the impugned transfer order from one Government School to another Government school within the same Panchayati Samiti and they claimed that the same is contrary to the provisions of Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as the Act of 1994) and the Rules made thereunder.
(2.) IT would be appropriate to give a brief history of this litigation before the controversy raised in the present set of writ petitions is dealt with by this Court. While dealing with a batch of writ petitions in which similar transfer orders within same Panchayat Samiti passed by the Dy. Secretary of Government of Rajasthan , Jaipur transferring the teachers - members of service of Rajasthan Panchayati Raj Institution (schools) was challenged by the said teachers before this Court and by the decision of coordinate Bench of of this Court in the case of Ram Singh v. State of Rajasthan reported in, 2008 (2) RLW 1750 decided on 18.2.2008, the learned Single Judge of this Court held that the State Government acting through its Dy. Secretary does not have such power to transfer teachers - members of service from one school to another within the same Panchayat Samiti since non -obstante provisions of Section 89(8A) of the Act of 1994 while overriding Section 89(8), specifically omits such power of the State Government while giving power to the State Government to transfer such members of service from one Panchayati Samiti to another Panchayat Samiti or from one Zila Parishad to another Zila Parishad. Following the said decision, another decision was rendered by this Court recently in a batch of writ petitions on 13.7.2010, namely Badur Ram Khileree v. State of Rajasthan and reiterating the aforesaid decision this Court again held that the State Government specifically does not have this power to transfer the teachers within the same Panchayat Samiti and it is only the competent authority defined and included within the ambit and scope of the Act of 1994 who can pass such orders. Consequent to the decision of this Court, the Elementary Education Department of Government of Rajasthan appears to have issued an order dtd.22.7.2010 taking a decision following the dictum of this Court in the case of Badur Ram Khileree (supra) - SBCWP No. 5784/2010 decided on 13.7.2010 and in the same order, the Dy. Secretary, Government of Rajsathan declared that for effecting transfer of such teachers within the same Panchayat Samiti under the Equalisation and Rationalisation Policy, appropriate orders may be issued by the competent Dist. Education Officer (Elementary Education).
(3.) IN pursuance of this order, on the same date, the concerned Dist. Education Officer (Elementary Education) appears to have passed the impugned orders which are now challenged before this Court in the present set of writ petitions. In some of the Panchayat Samities, even prior to 22.7.2010, on 20.6.2010 some transfer orders were made by the competent Dist. Education Officer (Elementary Education) -cum -Additional Chief Executive Officer, transferring such teachers from one school to another within the same Panchayat Samiti and those orders are also under challenge.;