P SIVANESAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) IN this writ petition, petitioner seeks to quash the order of transfer in G. O. (Rt)No. 1636, Health and Family Welfare (L2) Department, dated 30. 12. 2005, issued by the first respondent and to direct the first respondent to allow the petitioner to continue in the same post.

(2.) THE brief facts leading to filing of the writ petition, are as follows,

(3.) THE learned counsel for the petitioner even though challenged the impugned order of transfer on various grounds, emphasised the point that the petitioner is not qualified to be posted as Assistant Professor of Community Medicines at Tirunelveli Medical College as per the Medical Institutions Regulations, 1998, which contemplate M. D. Degree in Community Medicine or a diploma in Public Health with three years of experience and therefore the impugned order of transfer is passed without considering the relevant materials viz. , the Medical Institutions Regulations, 1998 and it shows the non-application of mind on mala fide intention to shift the petitioner from the present post. The learned counsel also produced the regulation, which is extracted hereunder, Minimum Qualifications for Teachers in Medical Institutions Regulations, 1998. (PUBLISHED IN PART III, SECTION 4 OF THE GAZETTE OF INDIA DATED 5th DECEMBER, 1998)