SHYAM PRAKASH VYAS DR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal has been filed by Dr. S. P. Vyas u/s. 18 of the Rajasthan High Court Ordinance, 1949 against the order of Learned Single Judge dt. 23. 7. 93 whereby the writ petition filed by him challenging his transfer order has been dismissed.

(2.) THE facts which are necessary to be noticed for the disposal of this special appeal as alleged by the appellant in brief are that after passing M. B. B. S. in the year 1973, he acquired a degree of M. S. in 1977. He was selected by the R. P. S. C. and was initially appointed as C. A. S. in 1979 thereafter as lecturer in 1980. THE appellant while working as Asstt. Professor at J. L. N. Medical College, Ajmer was temporarily appointed as Associated Professor and was relieved from Ajmer to join S. P. Medical College, Bikaner vide order dt. 4. 1. 91 (Anx. 1 ). THEreafter the D. P. C. recommended the petitioner for promotion on the post of Associate Professor on regular basis and he was promoted as such on 28. 5. 93 (Anx. 3) and he was posted at Bikaner. THE petitioner was transferred on 15. 7. 93 vide Anx. 5 from Medical College, Bikaner to Jodhpur, against which he preferred a writ petition. THE learned Single Judge by his order dt. 23. 7. 93 dismissed the same. Hence, this special appeal.

(3.) IN Jagat Prakash Yadav vs. State (supra), wherein petitioner was transferred, retaining the other person in contravention of declared policy of the Government. A writ petition was filed in which specific allegations of mala fide against specific persons were alleged. The learned Single Judge after considering the orders placed on record observed that the transfer order has been passed only to make room for the person having protection of the functionaries and while interfering with the impugned transfer order, it has been held that "i am more than convinced that this order has been passed for collateral purposes and for extraneous consideration. "