IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 908 of 2005 (S/S) Mahipal Lal Kohli S/o Late Shri Tej Ram Kohli R/o Government Inter College Chandranagar District Rudraprayag … Petitioner Versus 1. State of Uttaranchal through its Secretary (Education), Civil Secretariat Uttaranchal, Dehradun 2. Director of Education Rudraprayag 3. Principal Government Inter College Chandranagar District Rudraprayag … Respondents Sri R.P. Nautiyal, learned counsel for the petitioner Sri Paresh Tripathi, learned standing counsel for the State Hon’ble B.C. Kandpal, J. By means of this writ petition a relief has been sought in the nature of certiorari quashing the impugned transfer order dated 30.06.2005 (annexure No. 1 to the petition) passed by the respondent No. 2 i.e. District Education Officer, Rudraprayag. Brief facts giving rise to this petition are that the petitioner was appointed as Assistant Teacher (General) in Government Inter College Nagrajadhar, Karakot, District Tehri Garhwal on 09.08.1991. He was transferred as Assistant Teacher (General) in Government Inter College Chandranagar, District Rudraprayag where the petitioner joined his duties on 24.07.2000. On 30.06.2005, the District Education Officer, Rudraprayag passed an order, by which he has transferred the petitioner from Government Inter College, Chandranagar, District Rudraprayag to Government Inter College, Saurakhal, District Rudraprayag on the ground of “irrelevant subject”. Feeling aggrieved by the aforesaid transfer order, the petitioner has preferred this writ petition before this Court. Heard learned counsel for the petitioner and perused the record. Learned counsel for the petitioner has invited by attention towards the Government Order No. la[;k&19&1&1976&dkfeZd&1 dated 05.01.1976 which reads as under:- **e>q s ;g dgus dk fun’Zs k gvq k gS fd jkT;iky egksn; ;g vkns’k nsrs gSa fd ;fn ifr iRuh nks ljdkjh lsok esa deZpkjh@vf/kdkjh gksa rks mudh fu;qfDr djrs le; nksuksa dk ,d gh LFkku ij j[kus dk ;FkklEHko iz;kl fd;k tk;sA** Learned counsel for the petitioner has further invited my attention towards the Government Order No. 718/XXIV(2)/2005 dated 1305.2005 providing the Rules of Transfer of Teacher relating to Basic and Secondary Education. It has also been submitted by the learned counsel for the petitioner that the wife of the petitioner is a patient of ulcer and uterus and as per the Government Order dated 1305.2005 his case should have been considered by the respondent No.1 while transferring him to a remote place. I do not find ground to interfere in the transfer order passed by the respondent No. 2 as the same does not smell of any kind of malafidies. The writ petition is finally disposed of subject to the condition that the representation dated 05.07.2005 (annexure 2 to the writ petition) filed by the petitioner before the respondent No. 2 shall be disposed of, keeping in view the Government Order issued with regard to the transfer policy as well as the condition of the wife and the son of the petitioner, within a period of 30 days from the date of production of certified copy of the judgment by passing the speaking and reasoned order. 11.07.2005 ASWAL (B.C. Kandpal, J.)