1. Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners, who are Medical Officers in Bihar Health Services are aggrieved by the orders of their transfer dated 29.6.2007.

3. Learned counsel for the petitioners submits that the orders of transfer have been passed by an authority not competent to do so. The Divisional Commissioner is not competent to order the transfer of the petitioners, but, it is only the competent authority in the Department of Health, who can do so.

4. A counter affidavit has been filed on behalf of the State. The counter affidavit states that the transfer of the petitioners has been ordered by the Establishment Committee under the Chairmanship of the Divisional Commissioner; that all the petitioners have completed more than three years at their present place of posting.

5. An order of transfer is an administrative matter not to be interfered with by a Court unless there be any statutory violation or if the transfer be mala fide. Issuance of any instructions by the Government with regard to the transfer and posting only create a right in a Government servant to file a representation. The petitioners have availed