!i.-^ ii •\'-/ IN THE HIGH COURT OF JUDICATURE ATBILASPUR (CHHATTISGARH) W.P.No.tc>BZ-/2006 Petitioner^(e..<^?-" yy..- 4'K-''l\t/?-"" .•-•'' ..^ ../'.'^ob/ •^.:-^?' f Dr.Sayeed Ahmed Khan, S/o Late Shri Mohammad Khan, Aged about 56 years, Presently working as Professor 'Chemistry', Govt. Science P.G. College, Bilaspur, R/o 26 Dr.Roy Marg, Khaparganj, Bilaspur (C.G.) Versus Respondents <£CE'i 'G^ ^%^< »L v> G /1. State of Chhattisgarh - Through the Secretary, Higher Education, DKS Bhavan, Raipur (C.G.) / 2. The Deputy Secretary, Higher Education, State of Chhattisgarh, DKS Bhawan, Raipur (C.G.) WRITLPETITiON UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA BI HIGH COURT OF CHHATTISGARH AT BILASPUR I^P. NoJ.082 of 2006 Petitioner : Dr. Sayeed Ahmed Khan Versus Respondents : State of Chhattisgarh &, another Post for order on 1-S Septeiaber, 2006 Sd/- Satish K. Agnihotti Judge "^ HI6H COURT OF CHHATTESSARH AJ BILASPUR Single Bench: Hon'ble Mr. Justice Sotish K. Agnihotri '. P. No. 1082 of 2006 Petitioner : Dr. Sayeed Ahmed an Versus Respondents : Stcte of Chhattisgarh <& another 5hri P. Diwakar, Senior Advocate Shri Adi\ AAinhaj, Advocate for the petitioners. Shri Sushi! Dubey, 6ovt. for the State/respondents. ORDER (/^^ptember, 2006) The following order of the Court is passed by Satish K. Agnihotri. J. 1. The petitioner was working as professor "Chemistry" in Sovernment Science Post Sraduate College, Bilaspur. Vide order dated 14.10.2005 (Annexure P/2) the petitioner was promoted on thepost of Principal, and transferred to Sovernment post firaduate College, Baikunthpur, District-Koria. 2. The petitioner has filed the present petition for quiishing of tiie impugned order dated 14.10.2005, so far as it relates to transfer of the petitioner from Bilcispur to Baikunthpur, seeking a direction to the respondsnts to post the petitioner in -the institution at Bilaspur on the Post of principal, and, in alternative, it has been submitted by the petitioner that he is ready to forego his promotion on the post of Principal, if, it is not possibte to accommodate him at Bilaspur, and he is witlin9 to serve in the institution at Bilaspur on the post of Professor. <r ®:^. 3. The petitioner had filed this petition on 2.3.2006. Durihg the pendency of the petition, on 6.9.2006 the petitioner hocs filed Interlocutory ^ppiication No. 9012/2006 for bringing on record the subsequent events and additional documents. It is evident from the additiona! documents filed by the petitioner, that vide order dated ^ 5.7.2006 (Annexure A&-1) by way of parfial amendment in the impugned order dated 14.10.2005 (Annexure P/2) the peti+ioner was transferred to ©overnment Post Sraduate College, bhamtari on promotion as post graduate Principal. Subsequently, vide order dated 6.7.2006 (Annexure AD-2) by way of partial amendment in the order dated 5.7.2006 (Annexure AD-1) the petitioner was transferred to &oyernment Minimata G'ir\s College, Korba. It has beers mentioned in this application that in compliance of the order dated 6.7.2006 (Annexure AD-2) the petitioner has joined his services on the post of -^ Principal, Sovernment Minimata Sirls College, Korba but the petjtioner is still ready and willing to serve in the Sovernment Science Post Srndua-te College, Bilaspur on the post of Professor. The petitioner has filed orders passed subssquently, after the matter was reserved for orders after hecring learned counset for botii the parties, and has sought amendment in the prayer of the writ petition for quoshing of the orders 5.7.2006 (Annexure AD-1) and dated 6.7.2006 (Annexure A&-2). 4. I have heard Shri P. Diwakar, leaned Senior counsel with Shri Adil Minhaj, learned counsei. appearing for the petitioner ond Shri Sushil Dubey, learned Sovernment Advocate appearing for the "^, respondents/State and perused the relevant papers available on record. 5. The case of the petitionsr is that by the impugned order as many as 30 Professors were promotsd on the posts of Principal out of which number of Professors have been accommodated as per their wish to serve at particular place, on their representations, but none of the representations (dated 18.10.2005 Annexure P/3 and 19.10.2005 Annexure P/4) made by the petitioner has been considered by the respondents/State for his posting as Principal in Sovernment Science Post Graduate College, Bilaspur. 6. The respondents have filed their reply and have categorically denisd the altegations of the petitionsr and submitted that the petitioner cannot be posted at tfie place of his choice. The tronsfer is an exigency of service and the employee has to carry out his duties at the place and post whereyer he is directed. 7. The petitioner has not filed any document to bring on record any other grounds or instance, accommodating other persons. 8. It is welt settled principfe of law that transfer is an incident of service and it is for the emptoyer to decide as to where a particular officer/empbyee is to be posted in the interest of administraition and pubtic. This Court has limited jurisdiction to interfere in transfer niattsrs and this Court can interfere only in the case of proved malafide. non-competence of the authority is passing the transfer order, ond order not being in conformity with the rutes and regulations. None of the above grounds are availabte to the petitjooer. 9. The petition is accordingly dismissed. However, in the facts and circumstances of tiie case when the petitioner is willing to forego his promotional avenues in order to concentrate on his research and academic work at Bilaspur, the respondents/oujthorities may consider his representation for the same, in the event any representation, if so advised, is made. On such representation being filed, the respondents/authorities are directed to consider the same in accordance with lcw, on its own merit, within a period of three weeks from the date of receipt of this order. 10. No order as to costs. Sd/- Satish K. Agnihotri Judge