BRIJ KISHORE SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 5/7/2019 passed by respondent No. 2, thereby transferring the petitioner from Veterinary Hospital, Morar, District Gwalior to Veterinary Hospital Jeerapur, District Rajgarh.

(2.) The transfer order has been challenged on the solitary ground that it has been passed in contravention of the circular dated 9/4/1999 and 12/8/1999, which provides that those Veterinary Assistant Surgeons who have completed 20 years of service, have to be posted at 'A' category place, whereas the petitioner has been transferred to a 'B' category place, although he has completed 31 years of service. It is further submitted that the daughter of the petitioner is studying in BA LLB course in Amity University Gwalior and thus, his family would get disturbed.

(3.) So far as the circular dated 9/4/1999, by which the State Government had classified the Veterinary Hospitals in three categories, according to which, it was mentioned that the Veterinary Hospitals in District, Division and State would be in category 'A' and the doctors having the experience of 20 years and more shall be posted there is concerned, this Court has already considered the effect of circular dated 9/4/1999 in the case of Dr. Keshav Dayal Sharma passed on 15/3/2019 (WP No. 5447/2019) and has held that the classification done by the State on 9/4/1999 cannot be said to be a reasonable classification and the owners of the cattle cannot be deprived of service of specialist Doctors merely on the ground that they are residing in a village area. Furthermore, the circular dated 9/4/1999 is merely an executive instruction and is not enforceable.