1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.3500 of 2011 and M.P.(MD).Nos.1 & 2 of 2011 S.K.Fatima Begum ...Petitioner Vs. 1.The Director of School Education, College Road, Chennai-600 006. 2.S.Sornamani ...Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of transfer issued by the first respondent issued in his proceedings dated 06.09.2010 in Na.Ka.No.111888/W.1/E.1/09 and quash the same and direct the first respondent to retain the petitioner in the Victoria Memorial Government Higher Secondary School, Periyakulam as Headmistress or in the alternative to consider the petitioner's representation dated 14.03.2011 to post the petitioner in the existing vacancy in the post of coordinator in RMSA at Theni. For Petitioner : Mr.K.Vellaiswamy For Respondent : Mr.V.Rajasekaran Spl.Govt.Pleader ORDER In view of the limited order to be passed in this Writ Petition, I am not ordering notice to the second respondent. 2. The present Writ Petition is filed challenging the transfer order of the first respondent dated 06.09.2010. I am not inclined to interfere with the order of transfer. This Court while exercising the power under Article 226 of the Constitution of India cannot interfere with the order of transfer. The Apex Court as well as this Court have held that the order of transfer could be interfered only under the following circumstances:- (i) If one there exists mala fide. (ii)The authority who has passed the order has no jurisdiction to do it and (iii)If is in violation of statutory rules 3. In the case on hand, no such plea was taken by the petitioner. However, the petitioner has sent a representation to the https://hcservices.ecourts.gov.in/hcservices/ 2 first respondent expressing her grievance for re-transfer. Hence, it would be suffice to direct the petitioner to send a copy of the said representation dated 14.03.2011 to the first respondent within a period one week from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider the same on merits and in accordance with law and pass appropriate orders within a period of four weeks thereafter. While doing so, the first respondent is directed to hear the second respondent also. The Writ Petition stands disposed of with the above directions. Consequently, the connected miscellaneous petitions are also closed. No costs. Sd/- Assistant Registrar (C.O.) /True Copy/ Assistant Registrar To The Director of School Education, College Road, Chennai-600 006. +1cc to Mr.K.Vellaiswamy, Advocate SR.No.7894 +1cc to The Special Government Pleader SR.No.8245 ssm akm/31.03.11 /2p-4c/ W.P.(MD)No.3500 of 2011 24.03.2011 https://hcservices.ecourts.gov.in/hcservices/