Nakul Patidar vs State Of Rajasthan (2025:Rj-Jd:50788) on 19 November, 2025

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Rajasthan High Court - Jodhpur

Nakul Patidar vs State Of Rajasthan (2025:Rj-Jd:50788) on 19 November, 2025

1. The instant writ petition, instituted under Article 226 of the Constitution of India, has been preferred by the petitioners, (Uploaded on 26/11/2025 at 03:44:58 PM) (Downloaded on 26/11/2025 at 06:33:34 PM) [2025:RJ-JD:50788] (7 of 12) [CW-10154/2019] assailing the action of the respondents in declining their transfer to the TSP area, notwithstanding the circular dated 10.11.2014 and the office order dated 30.08.2018.

2. Briefly stating the facts of the case are that the petitioners, who are permanent residents of the TSP area, have jointly approached this Court to assail the inaction of the respondents in considering their candidature for transfer to the TSP region, though the grievance arises out of a common cause of action and stems from a common order, thereby warranting a joint writ petition to obviate multiplicity of proceedings. 2.1 An advertisement dated 20.07.2013 was issued for recruitment to 1000 posts of Constable in the Minerals Protection Force, wherein 80 posts were earmarked for the TSP area. The petitioners applied under the TSP category, qualified in the written examination, and were subsequently appointed vide order dated 19.01.2016. However, despite being residents of the Scheduled/TSP area, their appointments were made under the Non-TSP cadre, and since then, they have been serving the department with diligence, their services having been confirmed vide order dated 16.04.2018.

2.2 Prior to their appointment, the State had issued a circular dated 10.11.2014 permitting employees to exercise an option for posting in TSP or Non-TSP regions under the relevant service rules, yet no opportunity was extended to the petitioners to submit such option. Subsequently, pursuant to the Central Government notification dated 19.05.2018 redefining (Uploaded on 26/11/2025 at 03:44:58 PM) (Downloaded on 26/11/2025 at 06:33:34 PM) [2025:RJ-JD:50788] (8 of 12) [CW-10154/2019] Scheduled/TSP areas, the State issued circulars dated 16.07.2018 and 30.08.2018 directing that employees who are residents of TSP areas but posted in Non-TSP regions may submit applications seeking transfer. Availing this window, the petitioners duly submitted representations within the stipulated timeframe, which were also forwarded by respondent No.3 to the superior authorities, however, no decision has been communicated till date. Being left remediless despite fulfilling the eligibility criteria and having a legitimate expectation arising out of the statutory circulars, the petitioners have been constrained to invoke the extraordinary jurisdiction of this Court.

3. Learned counsel for the petitioners submitted that the action of the respondents in denying the petitioners transfer to TSP areas, despite their being permanent residents of TSP regions, is arbitrary and violative of Article 14 of the Constitution of India. It is further submitted that similarly situated Constables have been granted the benefit of transfer pursuant to the notification dated 19.05.2018, while the petitioners alone are excluded without any reasonable basis. The classification adopted by the respondents neither has an intelligible differentia nor any rational nexus to the object sought to be achieved. Counsel furhter asserted that the petitioners have served for long in Non-TSP areas with utmost dedication and were entitled to consideration under the circulars dated 10.11.2014, 16.07.2018 and communication dated 30.08.2018. It is contended that the deliberate non-consideration (Uploaded on 26/11/2025 at 03:44:58 PM) (Downloaded on 26/11/2025 at 06:33:34 PM) [2025:RJ-JD:50788] (9 of 12) [CW-10154/2019] of the petitioners claim amounts to discrimination and violation of principles of natural justice.

4. Learned counsel for the respondents filed a reply submitting that the petitioners were validly appointed in Non-TSP areas as per the merit, availability of vacancies, and administrative requirements prevailing at the time of their appointment. It is contended that the option forms issued under the circulars of 2014 and 2018 do not create an absolute right of transfer but are subject to exigencies of service and organizational necessity. The respondents further submit that the notification dated 19.05.2018 merely redefines Scheduled Areas and does not guarantee automatic transfer to all employees residing in TSP regions. It is contended that transfers are a matter of administrative discretion, and due to limited vacancies in the newly notified TSP areas, the petitioners cases could not be considered. It is therefore submitted that no arbitrariness or discrimination can be attributed to the respondents, and the petitioners are not entitled to any mandamus for transfer.

5. To replying to the respondents, the petitioners have submitted a rejoinder stating that the respondents reliance on the constitution of the 14th Battalion RAC is misplaced, as the petitioners had originally applied under the TSP category pursuant to the advertisement dated 20.07.2013 and were entitled to be appointed and posted accordingly. It is submitted that despite availability of TSP postings, including in E-Company and Mewar Bhil Core units deployed exclusively in Scheduled Areas, the (Uploaded on 26/11/2025 at 03:44:58 PM) (Downloaded on 26/11/2025 at 06:33:34 PM) [2025:RJ-JD:50788] (10 of 12) [CW-10154/2019] petitioners were arbitrarily posted in Non-TSP regions. The petitioners further assert that the circulars dated 10.11.2014, 16.07.2018 and office order dated 30.08.2018 specifically mandate consideration of TSP-resident employees for transfer, yet no action was taken on their timely applications. It is reiterated that the respondents reply fails to justify the discriminatory exclusion of the petitioners, who remain entitled to transfer to TSP areas in accordance with law.

6. Heard learned counsel appearing on behalf of the parties and perused the material annexed with the writ petition.

7. After having perused the material available on record and hearing learned counsel for the parties, this Court has observed that all the petitioners belong to the TSP area. An advertisement was issued on 20.07.2013 under the nomenclature Constable Mineral Protection Force in Mines and Geology (Direct Recruitment). The said recruitment carried reservation for candidates belonging to the tribal areas. The petitioners participated in this process under that very reservation, were selected, and thereafter stood regularised and made permanent. Subsequently, a standing order no. 18/2015 dated 26.10.2015 came to be passed whereby the cadre initially created for the Department of Mines and Geology was merged into the 14th Battalion, RAC. A Board was constituted and a portal was created wherein the petitioners were included, and all of them came to be placed in Jaipur.

(Uploaded on 26/11/2025 at 03:44:58 PM) (Downloaded on 26/11/2025 at 06:33:34 PM) [2025:RJ-JD:50788] (11 of 12) [CW-10154/2019] 7.1 It is not in dispute that the petitioners belong to tribal communities and hail from notified tribal areas. Their participation in the recruitment was under the legitimate belief that their deployment would also be in the tribal/mineral-rich belts namely Dungarpur, Banswara, Salumbar, Udaipur, and Rajsamand, which are the principal mineral-bearing districts of the State. However, contrary to such expectation, none of them have ever been posted in these regions. It is also admitted by the respondents that although the recruitment was titled as that of the Mineral Protection Force and reservation was extended for TSP area and tribal candidates, in reality not a single employee recruited under this process has been deployed in the Mineral Protection Force. All of them stand permanently absorbed in the 14th Battalion, RAC, and are serving largely on office security duties in places such as Jaipur.

7.2 A legitimate expectation can, without doubt, arise in the mind of a candidate at the time of entering service particularly when an advertisement is structured in a manner that clearly conveys a linkage with tribal/mineral areas that their posting would be in or around the regions for which the recruitment was conceived. The petitioners, belonging to vulnerable tribal communities, deserved at least a measure of sympathetic consideration. The State cannot extend an attractive promise at the stage of recruitment and later altogether depart from it without any rational justification.

(Uploaded on 26/11/2025 at 03:44:58 PM) (Downloaded on 26/11/2025 at 06:33:34 PM) [2025:RJ-JD:50788] (12 of 12) [CW-10154/2019]

8. Accordingly, to balance equities and to ensure that the petitioners are not left remediless, the respondents are directed to consider shifting all the petitioners to the Maharana Pratap Battalion, Pratapgarh. Further, in case of administrative exigencies, they shall be suitably adjusted, transferred, deployed, or temporarily lodged in any district falling within the TSP area, as may be required from time to time.

9. The writ petition stands disposed of in the above terms.

10. No order as to costs.

(FARJAND ALI),J 152-Mamta/-

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Rajasthan High Court - Jodhpur