1 S.B.CIVIL WRIT PETITION NO.6107/2008 Bhanwari Makar Vs. State of Raj. & Ors. Date of Order :: 15.10.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr R.S. Choudhary, for the petitioner. ... By this petition for writ a challenge is given to the order dated 7.8.2008 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur rejecting an appeal preferred by the petitioner to challenge the order dated 25.6.2008 transferring the petitioner from Government Upper Primary School, Khajuwala to Government Upper Primary School, Kayamwala (Barsalpur), District – Bikaner. It is stated by learned counsel for the petitioner that the learned Tribunal failed to appreciate that the transfer of the petitioner was made only to accommodate respondent Dhanna Ram who happens to be relative of respondent No.5, a sitting MLA of Nokha and Parliament Secretary to the Government of Rajasthan. I have examined the order impugned and also the other record available. It is the position admitted that the petitioner is working at Government Upper Primary School, Khajuwala since 2002. The respondent No.4 though has been transferred at his own request to the 2 Government Upper Primary School, Khajuwala, however, there is no material available on record to substantiate that the transfer was made at the instance of respondent No.5 or under any extraneous consideration. A specific finding is given by learned Tribunal that the transfer of the petitioner was made in administrative exigency. It is well settled that the courts in normal course are not required to interfere with the orders of transfer unless those are outcome of malafides or are in violation of statutory provisions. No such exigency is available in the matter, as such, I do not find any reason to interfere while exercising powers under Article 226 and 227 of the Constitution of India. The petition for writ, therefore, is dismissed. (GOVIND MATHUR), J. Jgoyal '