SUNIL KUMAR GARG, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 13.12.2000 against the respondents with the prayer that by an appropriate writ, order or direction, the impugned transfer order dated 10.8.2000 (Annex. 4) passed by the respondent No. 5 Dy. Secretary. Medical and Health Department, Jaipur by which the petitioner was transferred from Medical College, Bikaner to Medical College, Ajmer and the respondent No. 3 Dr. Megh Raj Bardiya was transferred from Medical College, Ajmer to Medical College, Bikaner and the order dated 30.11.2000 (Annex. 6) passed by the respondent No. 4 Rajasthan Civil Services Appellate Tribunal, Jaipur by which the appeal of the petitioner was dismissed, be quashed and set aside qua the petitioner and the petitioner be allowed to work in Medical College, Bikaner.
(2.) IT arises in the following circumstances: The petitioner was initially appointed on the post of Medical Officer on 5.9.1990 and, thereafter, he was selected through Rajasthan Public Service Commission and was given posting as Assistant Professor in Radio -therapy in S.N. Medical College, Jodhpur vide order dated 3.8.1991. On 19.2.1992, the petitioner was ordered to be transferred from S.N. Medical College, Jodhpur to S.P. Medical College, Bikaner and again on 28.1.1998, the petitioner was transferred on the post of Associate Professor and was given posting at J.L.N. Medical College, Ajmer. Thereafter, on 29.6.1999 through Annex. 1 the petitioner was ordered to be transferred from J.L.N. Medical College, Ajamer to S.P. Medical College, Bikaner and in pursuance of that order, the petitioner joined his duty at S.P. Medical College, Bikaner on 3.7.1999. The further case of the petitioner is that by the same order Annex. 1 dated 29.6.1999. the respondent No. 3 was also ordered to be transferred from Bikaner to Ajmer, but the respondent No. 3 did not execute the said order and he was adjusted at Bikaner itself against the post of Associate Professor, Forensic Medicines vide order dated 7.7.1999 (Annex. 2). The further case of the petitioner is that though the respondent No. 3 was working at Bikaner for the last 17 years and he had not executed the transfer order Annex. 1, all the same he was even adjusted against the post of Associate Professor in Forensic Medicine, whereas he was Associate Professor in Radio -therapy. It was further submitted by the petitioner that since thereafter, the State Government decided to send all the persons to their respective posts in their subject, therefore, the respondent No. 3, who was working on the post of Associate Professor in Forensic Medicines for which he was not qualified, therefore, he was transferred vide order dated 17.5.2000 and was posted as Associate Professor in Radiotherapy at Ajmer and he was relieved for joining his duty at Ajmer on 7.8.2000 and for that, order Annex. 3 dated 7.8.2000 may be referred to. Thereafter, vide impugned order dated 10.8.2000 (Annex. 4), the respondent No. 3 was again transferred from Medical College, Ajmer to Medical College, Bikaner in place of the petitioner and the petitioner has been transferred from Medical College, Bikaner to Medical College, Ajmer in place of respondent No. 3. The further case of the petitioner is that the respondent No. 3, who was ordered to be relieved on 7.8.2000 through Annex. 3 for joining his duties at Ajmer, was again transferred within three days from Medical College, Ajmer to Medical College, Bikaner in place of the petitioner and the petitioner has been transferred from Medical College, Bikaner to Medical College, Ajmer in place of the respondent No. 3 through order Annex. 4 dated 10.8.2000 and thus, the respondent No. 3 has been adjusted at Bikaner and this order Annex. 4 has been issued at the instance of respondent No. 3 and therefore, this order Annex. 4 dated 10.8.2000 is malafide and the same has been challenged by the petitioner in this writ petition. The petitioner approached the Rajasthan Civil Services, Appellate Tribunal, Jaipur (for short 'Tribunal') but with no success and his appeal was dismissed by the Tribunal through order Annex. 6 dated 30.11.2000. Hence, this writ petition with the prayer as stated above. In this writ petition, the main contention of the learned Counsel for the petitioner is that the impugned order Annex. 4 dated 10.8.2000 by which the petitioner was transferred from Medical College, Bikaner to Medical College, Ajmer and the respondent No. 3 was transferred from Medical College, Ajmer to Medical College, Bikaner is a malafide order as this order was issued at the instance of respondent No. 3 for the purpose of adjusting him at Bikaner. A reply to the writ petition was filed by the respondents No. 1, 2 and 5 and in that reply, it was submitted by them that the transfer being incident of service is not open to challenge on the grounds raised by the petitioner in this writ petition. It has been admitted by the respondents No. 1, 2 and 5 that no doubt the respondent No. 3 was posted against the vacant post of Associate Professor (Forensic Medicines) vide Annex. 2 and the submission that the respondent No. 3 was working at Bikaner for the last 17 years is of no consequence or has no bearing and transfer order can be challenged when there is malafide and the petitioner has failed to point out any malafide and violation of any rules or policy and as such, this Court should not interefere with the impugned transfer order. Hence, the writ petition filed by the petitioner be dismissed. The respondent No. 3 has also filed a reply to the writ petition and it has been submitted by the respondent No. 3 that all transfers were made on administrative exigencies and therefore, they are not liable to be quashed. Hence, the writ petition filed by the petitioner be dismissed. During the course of arguments, the learned Counsel for the respondents has produced the copy of the order dated 18.4.2001 issued by the Principal, SP Medical College, Bikaner stating that no doubt the petitioner was relieved on 17.8.2000 for joining his duties at Medical College, Ajmer as Associate Professor, Radio -therapy, but because of the stay order passed by this Court, he is continuing at Medical College, Bikaner and the respondent No. 3 is also working in Medical College, Bikaner meaning thereby at present both the petitioner and the respondent No. 3 are working in Medical College, Bikaner. I have heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the respondents and gone through the materials available on record.
(3.) IT may be stated here that this Court on 21.12.2000 passed an interim order that status quo existing on that day regarding the posting of the petitioner shall be maintained and it has been admitted at bar that today, the petitioner is working as Associate Professor in Radio -therapy in the SP Medical College, Bikaner meaning thereby the impugned order Annex. 4 dated 10.8.2000 transferring the petitioner from SP Medical College, Bikaner to Medical College, Ajmer has become redundant qua the petitioner.;