CW 5498/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5498/2009 Dr. Man Prakash Sharma Versus State & Ors. Date of Order ::: 21/08/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Ashok Bansal, for petitioner. Mrs. Shruti Dixit, Dy.Govt. Counsel for respondents State Matter has come up on application U/Art. 226(3) of the Constitution seeking vacation of stay order dt.06/05/09. Instant petition has been filed assailing order dt.19/07/08 (Ann.4) by which petitioner while working as Associate Professor (ENT), SMS Hospital, Jaipur has been transferred to Bikaner. It appears from the record that earlier he filed appeal-1732/2008 which was decided by Rajasthan Civil Services Appellate Tribhunal, Jaipur vide order dt.17/09/08 (Ann.5) with the direction to the petitioner to make representation before competent authority which would examine his grievance. In pursuance whereof, representation was submitted by him but after due consideration, was rejected by State Government vide order dt.22/04/09 (Ann.9) – against which he again approached the Tribunal by way of appeal as CW 5498/09 //2// referred to in para 11 of instant petition, but the Tribunal was not functioning at relevant point of time, petitioner approached this Court by way of instant petition. Counsel for petitioner submits that petitioner's wife is also working as medical officer in SMS Hospital, Jaipur and looking to family circumstances, it would be inconvenient for him to carry out order of transfer. Counsel further submits that other doctors are working in SMS Hospital, Jaipur for longer period than what has been rendered by petitioner and in such circumstances, order impugned cannot be said to be passed in the interest of administration. However, this fact has not been disputed by the petitioner, himself having remained posted in SMS Hospital, Jaipur for almost more than five years as Associate Professor and vide order of transfer impugned, not even the petitioner but in all 45 doctors were transferred from one medical college to the others. Transfer is otherwise an incidence of service and does not affect either way the service conditions of petitioner and once he holds transferable post and having worked for CW 5498/09 //3// almost five years at one station certainly respondent-authority in ordinary course is competent to transfer him in the interest of administration or in exigency of service. No one can claim as a matter of right to remain posted at one place. Petitioner has neither imputed any malice against authority which passed the order impugned nor alleged violation of statutory Rules - in absence whereof, ordinarily transfer is not required to be interfered within a limited scope of judicial review of this Court U/Art. 226 of the Constitution. Consequently, writ petition fails and is hereby dismissed alongwith application U/Art.226(3) of the Constitution. No costs. (Ajay Rastogi), J. K.Khatri/p.3/5498CW09Aug21Trns.doc