IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 17822 of 2010(C) -------------------------- PETITIONER(S): -------------------- VALSALA V.V., STAFF NURSE GRADE-I (HIGHER GRADE), GOVERNMENT HOSPITAL, PUNALUR. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): ------------------------- 1. DISTRICT MEDICAL OFFICER, GOVERNMENT TALUK HEAD QUARTERS HOSPITAL, KOLLAM. 2. THE SUPERINTENDENT, GOVERNMENT TALUK HEAD QUARTERS HOSPITAL, PUNALOOR. 3. SREEKALA, STAFF NURSE, GOVERNMENT HOSPITAL, PUNALUR. 4. SREEBHADRA, STAFF NURSE, GOVERNMENT HOSPITAL, PUNALUR. 5. SALI MATHEW, STAFF NURSE, GOVERNMENT HOSPITAL, PUNALUR. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17822 OF 2010 (C) ===================== Dated this the 9th day of June, 2010 J U D G M E N T Petitioner is a Staff Nurse Grade I. By Ext.P5, she has been transferred from Taluk Headquarters Hospital, Punalur to District Hospital, Kollam. The ground on which the order of transfer is impugned is that the petitioner having contracted an intercaste marriage, is entitled to the benefit of Ext.P3 Government Order and that she and her husband are entitled to be posted in the same station. 2. Ext.P3 Government Order at best is only a guideline. The transfers now effected as per Ext.P5 are all consequent on the implementation of the Government Policy regarding the abolition of Dual Control System in the medical sector. In the exigencies of service, if any departure is made from the guidelines, unless malafides are established and extreme cases of arbitrariness is made out, this Court will not be justified in interfering with that order. In this case, there is no case of WPC No. 17822/10 :2 : malafides and since administrative exigencies have been made out, I am not inclined to interfere with the order of transfer. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp