( 1 ) SHOULD the Court interfere in matters of transfer of a Government servant or of an employee engaged by any other instrumentality of the `state as defined in Art. 12 of the Constitution of India ? In view of the decision of the Supreme Court and that of the Division Bench of this High Court does the question not require re-thinking and fresh approach ? It is not time for us to turn the search-light to our ownselves and make a little introspection ? The aforesaid questions need to be examined and answered in this petition wherein a lecturer of a college has challenged the legality and validity of the order of his transfer.

( 2 ) THE petitioner is serving as lecturer in sociology At Government Arts and Science College Gandhinagar. He is ordered to be transferred to Dharmandrasinhji Arts College Rajkot. The petitioner challenges the legality and validity of the order of transfer. It is contended that there are three to four other lecturers who are in Ahmedabad and/or Gandhinagar colleges for a period of about 15 to 18 years. They have not been transferred while the petitioner who has put in lesser number of years of service at Gandhinagar has been ordered to be transferred. There is no merit in this submission Transfer is not to be made on the basis of seniority of employees or on the basis of a serial order to be arranged according to length of service at a particular place. `transfer of an employee is a matter of adjustment and accommodation to be made by the administrative authority concerned. It is solely within the powers of the executive and it is not to be interfered with by Courts.

( 3 ) SIMPLY because some averments are made in the petition and the order of transfer is labelled as discriminatory and/or as actuated by mala tides it does not become discriminatory or cannot be said to have been passed on account of mala fides. To make out a case for interference in matters of transfer there should be concrete material which should be unimpeacheable in character. It must be remembered that for running smoothly the administration of any organisation the appropriate executive authority must have sufficient play at the joints. If sufficient leo-way is not granted to the executive authority in matters like transfer of employee the administrative machinery may be collapsed or working of the same may come to a grinding halt. Just as `the wearer only knows where the shoe pinches only the administrative head of the organisation would know how difficult is is to make necessary adjustment and accommodation for keeping the a administrative machinery in smooth gear much more so in these days of all pervading attitude of `passing on the buck and the least respect for the ethics of `work culture.

( 4 ) BY the very nature of its position and the manner and method of working of the Courts the Courts will be the least appropriate instrumentality to decide the questions of transfer and non-transfer of innumerable employees of the State Government and other instrumentalities falling within the definition of `state. When an order of transfer is challenged before the Court initially there will be only one sided picture and that too partial picture of the matter. In matters of transfer ordinarily other employees are also likely to be affected. Stay of transfer of an employee is likely to have a chain reaction. Some other employees who has no means to approach the Court or who has no stomach for legal battle may meekly suffer the hardship and bow down to an unjust order of transfer which might have become necessary on account of the stay of an earlier order of transfer. Unless all the employees likely to be affected on account of the `stay of an order of transfer are before the Court entire true picture of the issues involved would never be present before the Court. Moreover in many services people in general are the really affected parties. By very nature of the limitations of Court all such affected parties would never be be