1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.926/2007 Kumari Sulochana ………… Petitioner Versus State of Uttarakhand and others. ………… Respondents Hon’ble Tarun Agarwala, J. Heard Sri S.K.Posti, the learned counsel for the petitioner and Sri Subhash Upadhyay, the learned Brief holder for the State. The petitioner was appointed as an Assistant Teacher in the year 1992 and, by an order dated 23rd November, 2006, the petitioner was promoted as a Headmistress in Primary School Kandali, Block Jakholi, District Rudraprayag. Pursuant to the said promotional order, the petitioner joined and started working as a Headmistress. Subsequently, the District Education Officer issued the impugned transfer order dated 6.6.2007 transferring the petitioner to Primary School, Thati Wadma District Rudraprayag. The petitioner, being aggrieved by the said transfer order, has filed the present writ petition, in which an interim order was passed staying the effect and operation of the impugned transfer order. The ground mentioned in the transfer order is that the petitioner was found in excess of the sanctioned strength and was therefore being transferred. Inspite of time being granted to the respondents, no counter affidavit has been filed. Having heard the learned counsel for the parties and having perused the impugned order, the court finds that the reasoning adopted by the respondents is apparently absurd. In an institution, there is only one post of Headmistress or of 2 the Principal. Therefore, the question of the post being found in excess does not arise. Consequently, the very basis for the issuance of the impugned transfer order cannot be sustained. This court further finds that the controversy involved in the present issue is also squarely covered by the decision of this court in the case of Smt. Pushpa Aswal Vs. State of Uttarakhand and others reported in 2008 (1) U.D., 226. In view of the aforesaid, the impugned transfer order is hereby quashed and the writ petition is allowed. (Tarun Agarwala, J.) Dated: 10.3.2010 Nishant 3