- (1.) THIS appeal is directed against the judgment and order dated 23rd June, 2005 passed by the learned Single Judge, dismissing the appellant 'swrit petition, being WP (S) No. 3210 of 2005, on the ground that the transfer of the petitioner from the post of District Superintendent of Education to the post of Principal, Zila School, Chaibasa was beyond the prescribed rules.
(2.) AGGRIEVED by, the order passed by the learned Single. Judge, the writ petitioner has preferred the instant appeal and, appearing in support of the appeal, Mr. Rajesh Kumar, learned Advocate, submitted that the transfer order dated 8th November, 2004, which was impugned in the writ petition, was tainted with malice. Mr. Rajesh Kumar contended that earlier also, an attempt had been made to transfer the petitioner to a post where the minimum qualification of a candidate was required to be Post Graduate, whereas the petitioner is only a Graduate. The writ petition, which was filed earlier against the said order, being WP (S) No. 6223 of 2004, was duly admitted and an interim order was passed on 1st December, 2004, staying the impugned order of transfer in the meantime. Mr. Rajesh Kumar urged that in spite of the said order of stay in the earlier writ petition, the respondents have once again transferred the petitioner to a post where the minimum qualification required is that of a trained Post Graduate Teacher, whereas the petitioner is only a Graduate. It was urged that such transfer order was passed only with a view to remove the writ petitioner/appellant from the post of District Superintendent of Education, Gumla, and to favour the respondent No. 5, who was the previous Principal of the Zila School at Chaibasa, and has now been posted as District Superintendent of Education.
(3.) MR . Rajesh Kumar submitted that the same criteria, as in the earlier writ petition, continued to exist as far as the instant order of transfer is concerned and since the same has been passed with mala fide intent, the same is also required to be stayed.;