JYOTI MALHOTRA Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner is a lecturer, who had also undergone some training at NCC Officer's Training Academy, Gwalior. By virtue of the impugned order dt. 13.2.2015, the petitioner has been transferred from GHSS, Rehari, Jammu, to HSS Dansal, against an available vacancy. The petitioner has challenged the order impugned on the ground that since she is trained in NCC and there is no Unit of NCC at Dansal, where the petitioner is posted vide the impugned order, the said order of transfer was in violation of the Government Circular dt. 10.7.1975, and the Government Order dt. 25.6.2009, which prescribed that the transfer of NCC trained Officers must be in consultation with the NCC Directorate and they should be posted at the places where the NCC Unit was functioning.

(2.) It is settled law that transfer is an exigency of service and that it can be interfered only where the said order is issued by an authority not competent to do so, issued for malafide consideration or is otherwise contrary to the statutory provisions. It is also settled that a policy of transfer or a circular not having any statutory force or flavor cannot be enforced through the court in its writ jurisdiction.

(3.) In the present case, it will be seen that the petitioner is primarily a Lecturer and has been transferred against an available vacancy at Dansal. Only because she is also trained in NCC does not imply that for all times to come, she can never be shifted and transferred to a place where there is no NCC unit.