IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 5 of 2011 Smt. Asha Kiran …….Petitioner. Versus State of Uttarakhand and others …Respondents. Sri R.C. Tamta, Advocate present for the petitioner. Sri Dinesh Gahtori, Standing Counsel present for the State. Hon’ble Sudhanshu Dhulia, J. (oral) Heard Sri R.C. Tamta, Advocate appearing for the petitioner and Sri Dinesh Gahtori, Standing Counsel for the State. The petitioner is an Assistant Teacher in a primary school. She has been transferred/attached from one institute to another. Her grievance is that present attachment is causing undue hardship to the petitioner, as her husband is a heart patient and she will not be able to take care of her husband. It is settled principle of law that the transfer is an exigency of service and unless challenged on the grounds of mala fide or statutory violation, Courts will normally not interfere in these matters. Therefore, no interference is being done by this Court. The petitioner must join the place where she has been transferred within two weeks from today. After she joins the place of transfer, she will report to the Secretary, Education Department, Government of Uttarakhand, Dehradun i.e. respondent no. 1 who shall decide the representation of the petitioner considering the hardships being faced by the petitioner due to illness of her husband. The concerned officer of the State will take all factors into consideration and if possible, suitably adjust the petitioner where vacancy is available, keeping the hardships being faced by the 2 petitioner into consideration. The representation will be decided as expeditiously as possible but definitely within a period of six weeks from its presentation. With these observations, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 4.1.2011 Avneet