WP(C) 4540/2011 BEFORE THE HON’BLE MR JUSTICE I. A. ANSARI Heard Mr. H. Das, learned counsel for the petitioner, and Mr. N. Rajkhowa, learn ed Standing Counsel, Education Department, Govt. Assam, appearing for the respon dents. By making this application, under Article 226 of the Constitution of India, the petitioner has put to challenge the order, dated 12.08.2011, whereby the earlier order, dated 05.08.2011, passed by the Deputy Inspector of Schools, Goalpara, t ransferring the petitioner from Sonahara L. P. School to Joypur Junior Basic Sch ool has been cancelled. The pleadings of the petitioner and the materials on rec ord reveal as under: Some persons, representing the cause of Joypur Junior Basic School, made a rep resentation, on 20.06.2011, to the respondent No.4, namely, the Deputy Inspector of Schools, Goalpara, stating to the effect that one Abu Sayed Sarkar, an Assis tant Teacher, who has been allowed to hold the charge of the office of Headmaste r of Joypur Junior Basic School as in-charge is a weak and infirm person and it had, therefore, become impossible for him to run the said school having about 40 0 students and four teachers. By their representation, dated 20.06.2011, aforeme ntioned, the said persons also made a request that the present petitioner, Abu S ayed Miah, who belongs to the area, where Joypur Junior Basic School is situated , be transferred as Headmaster of Joypur Junior Basic School. On the basis of th e representation so received, respondent No.4, namely, the Deputy Inspector of S chools, Goalpara, made an order, on 05.08.2011, attaching the petitioner, tempo rarily, as Headmaster of Joypur Junior Basic School. The petitioner actually jo ined his new assignment as Headmaster of Joypur Junior Basic School on 06.08.201 1. However, as by the impugned order, dated 12.08.2011, the earlier transfer ord er has been cancelled. The petitioner has challenged the same, as indicated here inbefore, by filing the present writ petition. While considering this writ petition, it needs to be noted that the petitioner’s transfer from Sonahara L. P. School to Joypur Junior Basic School was temporary in nature inasmuch as the order of transfer was only by way of attachment and temporary. In such circumstances, the petitioner knew that he might not be retai ned permanently at Joypur Junior Basic School. As the petitioner’s transfer was on the basis of an attachment order, made temporarily, cancellation of such an o rder cannot, in the absence of any other materials on record, be said to be arbi trary or malafide. In fact, nothing could be brought, on behalf of the petitione r, on record to show that his transfer order suffers from any arbitrariness or m alafide. The impugned order of cancellation cannot be said by the petitioner, wh o was a regular Headmaster of Sonahara L. P. School to be arbitrary and/or illeg al. He was simply attached temporarily as in-charge Headmaster of Joypur Junior Basic School, on the request of some inhabitants of the area, which the petition ers comes from. Because of what have been discussed and pointed out above, the petitioner has, I find, failed to make out a case warranting exercise of this Court’s extraordina ry jurisdiction under Article 226 of the Constitution of India. The writ petitio n, therefore, fails and shall accordingly stand dismissed. It shall, however, re main open for the State respondents to consider transferring the petitioner, as a regular Headmaster, to Joypur Junior Basic School if the petitioner makes such a representation to the appropriate authority and if the respondent/authority c oncerned deem it appropriate to accede to the request of the petitioner.