RAMESH KUMARI Vs. STATE

JUDGEMENT

(1.) PETITIONER , a 3rd Officer, National Cadet Corps, and posted as a General Line Teacher in Government Girls High School, Kachi Chowani, Jammu, has been transferred to Government Girls High School, Doomi, vide order No. CEOJ/20'190 -91 dated 12th of Sept'07. It is this order, which is the subject matter of challenge in the present petition.

(2.) THE grievance of the petitioner is that she was posted in Government Girls High School, Kachi Chowani, keeping in view the interest of NCC junior Division (Army Wing) which is not only beneficial for NCC unit but also for the cadets. It is stated that vide order impugned she has been transferred to a Non -NCC Junior Division Institution. It is stated that the main role of the petitioner being a trained NCC Officer is to develop leadership, character, manpower and officer like quality among the students enrolled in different institutions in order to enable them to be commissioned in Armed Forces. It is thus stated that the school where the petitioner has been transferred is not having NCC Unit and therefore, the services of the petitioner cannot be best utilized and it will not be in the interest of institution concerned.

(3.) TRANSFER is an exigency of service and this Court is normally not to interfere in transfer matters which are made in public interest or for administrative reasons unless the transfer order is passed in violation of any mandatory rules or on the ground of malafide or if the said order is passed by an incompetent authority. Reliance in this regard can be placed on the judgment of the Apex Court reported in : (1991)IILLJ591SC , Mrs Shilpi Bosc and Ors. v. State of Bihar and Ors. What was said in the aforesaid case in para 4 of the judgment is being reproduced below: In our opinion, the courts should not interfere with a transfer order which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of malafide. A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the Department. If the courts continue to interfere with the day to day transfer orders issued by the Government and its subordinate authorities, there will be complete chaos in the Administration which would not be conducive to public interest....