IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.260 of 2009 DR.BIJOY KUMAR KHETAN Versus THE STATE OF BIHAR & ORS ----------- 6/ 23/03/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner questions his transfer to the Medical College and Hospital at Nalanda. Learned counsel for the petitioner submits that the State Government has issued a circular/policy/ guideline dated 14.12.2000 that doctors who are slated for retirement within two years may not be considered for transfer and they may be considered for posting, to the extent possible, at a place where they may request in a teaching establishment. The petitioner is scheduled to superannuate in December, 2009 and the impugned order has been issued on 16.12.2008. The case of the petitioner, therefore, comes within the terms of the circular dated 14.12.2000. Counter affidavit has been filed on behalf of the respondents. If the State has issued any circular or guideline with respect to transfer and postings, even though such a circular may not create a legal right to maintain a writ application as a cause of action, nonetheless, the 2 circulars bind the State Government and it is required to consider any representation made in pursuance thereof. It is not as if the authorities can issue circulars and consider representations thereunder at their whims and fancy. The circulars can certainly be deviated from provided there be justification recorded for the same. The petitioner is stated to have filed his representation in pursuance of the circular appended at annexure-5 series. Let the representation of the petitioner be considered and disposed by a reasoned and speaking order, in accordance with law, within a maximum period of four weeks from the date of receipt/production of a copy of this order. The writ application stands disposed. KC (Navin Sinha, J.)