Pranav B Prem

In a significant ruling, the Jodhpur bench of the Rajasthan High Court has stayed the transfer of a government school lecturer who had filed a sexual harassment complaint against the school Principal. Justice Arun Monga, while issuing notice on the petition, directed: “Meanwhile, the petitioner shall be allowed to discharge her duties at her current institution/place of posting. In case, she has been formally relieved, the same will not come in her way for reporting/joining back on duty.”

Background of the Case

The petitioner, a government school lecturer, had filed a complaint of sexual harassment against the school Principal. Following an inquiry, the Principal was placed under the category of Awaiting Posting Order (APO). However, the petitioner alleged that instead of receiving protection, she was also placed in the APO category, despite having no fault in the matter. The APO status was followed by a transfer order, dated 23.12.2024, in which she was relocated to PM Shri Manilal Pandya Govt. Senior Secondary School, Simalwara, District Dungarpur, approximately 800 kilometers from her current place of posting. The petitioner contended that this transfer was a form of victimization.

Court’s Observations

The petitioner, represented by advocates Ms. Shreshtha Mathur and Mr. Puna Ram Sen, submitted that she was an unmarried single woman with the added responsibility of taking care of her ailing widowed mother, who is undergoing treatment for Ischemic heart disease. She argued that the transfer order was arbitrary and an act of retaliation following her complaint against the Principal. The Court took note of the fact that while the Principal had been indicted and placed in the APO category, the petitioner was also subjected to the same treatment despite being the complainant. Observing the potential injustice, Justice Arun Monga issued notice to the respondents and granted interim relief by staying her transfer order. The Court stated: “The petitioner is being made to suffer the consequences of her having filed a complaint of sexual harassment against the Principal of the School, where she was working as a Lecturer.”

It further noted: “Notwithstanding that the inquiry conducted pursuant to the complaint indicted the Principal, pursuant to which his services have been put in the category of Awaiting Posting Order (‘APO’), but at the same time petitioner is being further victimized despite the fact that she was the one, who suffered the earlier victimization at the hands of the Principal.” The matter has been listed for further hearing on March 20, 2025. In the meantime, the petitioner has been allowed to continue working at her current place of posting.

The Rajasthan High Court’s intervention provides significant relief to the petitioner, ensuring that she is not subjected to adverse consequences for speaking up against sexual harassment.

Cause Title: X v The State of Rajasthan & Ors.

Case No: S.B. Civil Writ Petition No. 3890/2025

Bench: Justice Arun Monga

[Read/Download Order]