WP(C) 6132/2010 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. S. K. Goswami, learned counsel for the writ petitioners, and Mr. P. N. Choudhury, learned Standing counsel, Education Department, appearing on behalf of respondent Nos. 1 and 2. None has appeared on behalf of respondent Nos. 3 an d 4 though notices stand served on them. The facts, as discernible from the materials on record, are as under: The petitioner Nos. 1 and 2, namely, Sri Paresh Chandra Deka, and Sri Ch andra Kanta Kalita, respectively, were appointed, under the Operation Black Boar d (in short, ’OBB’) scheme and, in course of time, their services were regulariz ed and adjusted, as Assistant Teachers, in Panitema Satgaon Girls ME School and Rowmari ME School, respectively. Thereafter, in terms of the scheme of regulari zation, the petitioners were sent for basic training. However, before the petit ioners could come back from their training and rejoin their respective schools, respondent No. 2, namely, Director of Elementary Education, Assam, made an order , on 01.11.2010, transferring respondent Nos. 3, Sri Balendra Nath Deka, who had been posted at Rowmari ME School, to Panitema Satgaon Girls ME School, and resp ondent No. 4 herein, namely, Sri Gautam Sarmah, who had been posted at Suwalkuch i Girls’ MV School, to Rowmari ME School, thereby shifting the petitioner No. 1 to Rowmari ME School from Panaitema Satgaon Girls ME School and petitioner No. 2 to Ramdia Girls MV School from Rowmari ME School. Aggrieved by the order, date d 01.11.2010, transferring the petitioners as aforesaid, the petitioners have fi led this writ petition, under Article 226 of the Constitution of India, challeng ing the said order of transfer, dated 01.11.2010, on the ground that the said or der of transfer has been issued on the behest of respondent Nos. 3 and 4 and not in public interest. Respondent Nos. 3 and 4, though received notice, have not appeared to co ntest. As far as the State respondents are concerned, they have not been able t o show as to what public interest required shifting of the respondent Nos. 3 and 4 to their new places of posting. On the face of the failure of the State resp ondents to justify their action, this Court has no option but to conclude that t he action of the respondents, in issuing the impugned transfer order, is arbitra ry and has been undertaken not to fulfill the interest of the public and/or the institution concerned, but to fulfill the personal interests of respondent Nos. 3 and 4. Such an order of transfer cannot but be regard mala fide. In the result and for the foregoing reasons, the impugned order, dated 0 1.11.2010, is hereby set aside to the extent that the same concerns the present petitioners and the respondent Nos. 3 and 4. It is further directed that the re spondent No. 2, namely, Director of Elementary Education, Assam, shall, now, pas s necessary order(s) posting back the petitioner No. 1 and 2, namely, Sri Paresh Chandra Deka, and Sri Chandra Kanta Kalita, respectively, to Panitema Satgaon G irls ME School and Rowmari ME School, respectively, and shift the respondent Nos . 3 and 4, namely, Sri Balendra Nath Deka, and Sri Gautam Sarmah, respectively, to Rowmari ME School and Suwalkuchi Girls’ ME School, respectively. With the above observations and directions, this writ petition shall sta nd disposed of. No order as to cost.