HIGH COURT OF CHHATTISGARH, mLASFUR w.P. (S) No. 6780 of 2007 Smt. Kamavaili Kashvap wio Shri Sanat Kum‘ar Kashyép, aiged about 42 years R/o Bhima Ta1ab in froni of ,Shiv Mandir, Emma, PETITIONER Jamgir Disixict Jam'gir— Chamy’qm) Vergus RES?ONDENT Stats -of Chhattisgarh, Through Sacretary, School Educatien DKS Bhawail, Raipm‘, District Raipur(CG) 2 Director, Rajya Shaikshnik Anusandhan Awam Prashjksham Parisar, Shankar Nagar, Raipur, Dishict Raipur(CG) irector, Lok Shjkshail D Sanchalanalaya, Raipuy, dismict Raipur(CG) 4 District Education Officer, Janjgii‘, Distn'ct Janj gir—Champa(CG) Smt‘ Ramakanti Sahu, W/o Shn' B.L.Sahu, ageci about 46 years, R/o Incharge Principal, D.I.E.T.Janjgir, District Janjgir ChampaKlGj WRIT PETITION UNDER ARTECLE 226 OF THE CGNS’I‘ITUTION OF INDLA ‘ Appearance: Shii Vineet Pandey, counsel for the petitioner. Shn Ajay Dwivedi, Parcel Lawyer for the State on advance copy. oRAL ORBER {17.11.2007) SUNIL KUMAR SINHA, J Heard. The petitioner, who is working on the post of Principal D.I.E.T., Janjgir has been transferred from Janjgir to Higher Secondary School, Champa on admmistrative grounds. S 2 W.P.N0(S) 6780/2007 It is stated that both the institutions are at a distance ofabout 3-4 km. Learned counsel for the petitioner argues that the petitioner has been transferred on malaiide grounds, He argues that the person, Who is being brought on the place of the petitioner, is not having the requisite quaiiiication of Principal D.I.E.T. In the opinion of this Court, this does not amount to malafide against the petitioner. Transfer is an incidence of service. No person working on a transferable post can claim to be posted at a particular piace. It is for the employer to see that who should be posted Where in the interest of better functioning of the department as also public interest. It is the settled View of the Apex Court that unless the order of transfer is vitiated by malaiides or extraneous consideration or is against any statutory Rule or Act, the same cannot be interfered with by a Court of Law. These are not the grounds for interfering with the order of transfer by a Court of law. These are the grounds, which can be considered by the authorities of the department itself. Learned counsel for the petitioner could not point out any such ground of malaiide or of extraneous consideration or that the order has been passed against any statutory rule or the Act. I do not find any merit in this petition. The petition is not worth admission. The same is dismissed at the motion sta e itself. Sd/- l Sunil Kumar Sinha Judge sunita