IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 31 of 2011 Raj Kumar Singh …….Petitioner. Versus State of Uttarakhand and others …Respondents. Sri D. Barthwal, Advocate present for the petitioner. Sri Dinesh Gahtori, Standing Counsel present for the State. Hon’ble Sudhanshu Dhulia, J. (oral) Heard Sri D. Barthwal, Advocate appearing for the petitioner and Sri Dinesh Gahtori, Standing Counsel for the State. This writ petition has been filed by the petitioner challenging the transfer order dated 31.12.2010 (Annexure No. 1 to the writ petition), whereby he has been transferred from “Pandit Deen Dayal Upadhyaya Government Hospital, Dehradun” to the District Hospital, Pauri Garhwal. It is a settled position of law that transfer is an exigency of service and the interference by the Courts is normally made only on two grounds : (A) if there is any statutory violation or (B) if there is any mala fide. None of these two grounds has been alleged in the writ petition. The petition is, therefore, wholly without merit and is liable to be dismissed. At this stage, learned counsel for the petitioner Sri D. Barthwal contends that there are some personal difficulties with the petitioner, inasmuch as there are two children of the petitioner whose examinations are scheduled to be held in March, 2011, which needs parent’s attention and there are other reasons as well. 2 Although no interference is made by this Court, respondent no. 2 i.e. the Director, Medical Health and Family Welfare, Uttarakhand, Dehradun may consider the representation of the petitioner on the grounds of personal difficulties alleged by him and shall pass a speaking order thereon within three weeks from the date such a representation is filed before him. It is, however, made clear that such a representation will only be considered by the Director, Medical Health and Family Welfare, Uttarakhand, Dehradun, after the petitioner gives the joining at the place where he has been transferred. With these observations, writ petition is dismissed. No order as to costs. (Sudhanshu Dhulia, J.) 7.1.2011 Avneet