Govind Mathur, J. - (1.) The petitioners are working as Teachers with Panchayati Raj Institutions within the jurisdiction of Zila Parishad, Pratapgarh. The Government of Rajasthan framed a policy regarding transfer of teachers working in different schools. As per the policy framed, the teachers working in "Restricted districts", those are Bikaner, Jaisalmer, Barmer, Jalore, Sirohi, Dungarpur, Banswara, Pratapgarh, Jhalawad and Baran shall not be transferred to any other district, than to a restricted district itself. Being aggrieved by the same, this petition for writ is preferred.
(2.) The submission of learned counsel for the petitioners is that as per Section 89 (8-A) of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994' hereinafter), the State Government may transfer any member of the Panchayati Raj Service from one Panchayat Samiti to another Panchayat Samiti, whether within the same district or outside it, from one Zila Parishad to another Zila Parishad, or from a Panchayat Samiti to a Zila Parishad or from a Zila Parishad to a Panchayat Samiti and may also stay the operation of, or cancel, any order of transfer made under Sub-section (8), or the rules made thereunder. As per Rule 290 of the Rajasthan Panchayati Raj Rules, 1996 (for short 'the Rules of 1996' hereinafter), an employee of Panchayati Raj Institution may desire for his transfer from one district to another district, thus, curtailment of such power and right by an administrative order is not permissible.
(3.) While meeting with the arguments advanced by learned counsel for the petitioners, it is submitted by Mr. R.L. Jangid, learned Additional Advocate General assisted by Mr. H.S.Bishnoi that the restricted districts are either in arid zone or are part of tribal area sub-plan, where the teachers are not available in adequate number, therefore, as a policy the Government has taken a decision not to transfer teachers outside the restricted areas. Heard learned counsel for the parties.;